Before Filing Interlocutory Applications, They Must Be Served On The Opposite Party: Supreme Court Reminds Lawyers

While hearing a matter today, the Supreme Court expressed displeasure over the practice of documents not being served to the opposite party before being taken on record, and the lack of scrutiny by the Court Registry in such instances. The observations came in connection with an interlocutory application filed in an ongoing case, which had been accepted by the Registry without prior service to the other side.

A Bench comprising Justice Aravind Kumar and Justice NV Anjaria was hearing a case in which the Union Government has challenged a Delhi High Court judgment upholding an order of the Central Administrative Tribunal (CAT). The Tribunal had held that candidates who appeared for the Staff Selection Commission (SSC) examinations could not be disqualified solely for failing to sign the opening page of their answer sheets, provided that other identifying remarks such thumb impression were there.

When the Advocate Solicitor General SD General Sanjay informed the Court that an IA filed by the respondent has not been served to them and he requested some time to respond to the same, Justice Kumar orally remarked: "We will reject that IA. If it's not served, if you file any interlocutory application without taking your opponent into confidence and without serving a copy on the other side, we will straightaway reject the document. Before you file, it should be served and then filed in the pending matter. We don't know, we are surprised why Registry does not raise an objection."

At first, the counsel for the respondent submitted that the interlocutory application had been duly served, asserting that the Registry would not have accepted it otherwise. However, upon perusing the office report, Justice Aravind Kumar noted that no proof of service had been filed. Following this, the counsel requested permission to serve the application on the other party.

On this, Justice Kumar said: " You can't do that. Before you file the report, it should be served upon them. That is the established procedure. You can't file it and then say, I will serve it or if they want, we will give it. No! You can't take the opponent by surprise. We will reject it and give liberty to file a fresh application. That's all. See the office report; it says proof of service not filed. We are very sorry, we are very pained. If you want to push the institution to brink, this is the first step."

The Counsel gracefully accepted her mistake and promised to check with the Advocate on Record and never to repeat such a mistake.