Gujarat High Court Notifies Instructions Addressing Difficulties Faced By Lawyers' In Curing Defects While Filing Petitions

To oversee smooth flow in filing of cases, the Gujarat High Court has notified that if there is any overwriting or correction found in the petition at the time of filing— advocates/party-in-person can move a draft amendment pursuant to which a filing/stamp number will be given. 

An instruction notification issued by the high court registry on Thursday (October 9) further permits filling in of number of days of delay in the matter after computation of limitation. In case of illegible documents where typed copy does not form part of the petition, the advocate may give an undertaking that the typed copy shall be supplied to the court. 

These instructions, come in the wake of interaction between the lawyers of the high court and Chief Justice Sunita Agarwal on Thursday morning, where the lawyers had expressed their concern regarding difficulties arising in removal of objections while filing petitions and listing of matters.

This, they had said, stemmed from a September 15 notification which prescribed that minor corrections, alterations or deletions can be done by filing draft amendments under the signature of the Advocate/Party-in-Person, which shall be subject to approval by the Registrar (Judicial).

The Chief Justice while addressing the concerns said that the September 15 notification had been modified where now draft amendments correcting minor corrections shall be placed before the Court and not the Registrar (Judicial). The Chief Justice had also addressed other concerns raised by the lawyers with regard to objections raised by registry and had said that if the lawyers are facing any problem they can approach her with their issues. 

Thereafter late on Thursday, the high court issued the following instructions:

"1. Registry shall give Filing/Stamp Number to each fresh matter, if there is no mandatory office objection as per the Modified SOР dated 01.02.2025. 

If any interpolation/ correction/ overwriting/ deletion by using whitener/ striking of, is found in the Petition/Application, without initials of the Advocate/Party-in-person or the Notary concerned, at the time of filing, then in that case, Draft Amendment under the signature of the Advocate/Party-inperson, as the case may be, shall have to be filed to enable the Registry to give Filing/Stamp number.

2. Registry shall allow Advocate/Party-in-person to fill in the blank space for the number of days of delay in the matter after computation of Limitation.

3. In order to ensure smooth circulation of the matter without the typed copy of the document, as per the SOP, an application signed by the Advocate shall have to be filed giving undertaking that the typed copy of the faint/illegible document shall be supplied to the Hon'ble Court, if desired.

4. The Instruction issued dated 09.10.2025 is applied retrospectively i.e. from the date of Issuance of Instruction No. RJ/31/2025 dated 15.09.2025. Hence, Advocates can file fresh note of draft amendment, wherein order declining the Draft Amendment has already been passed".

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