What Happens on the First Date of a Case in Delhi High Court?

How a fresh matter reaches its first hearing

A case in the Delhi High Court is filed through the court's e-filing system or at the filing counter. It first gets a diary number. The Registry then scrutinises it for defects: missing pages, unclear annexures, court fee, signatures, affidavits, index and limitation. Any defects are returned as objections, which your lawyer must cure and refile. Our guide on Registry objections and how to cure them covers this stage, which is where most avoidable delay happens.

Once the objections are cleared, the case gets a regular case number and is placed in the list of fresh matters. Fresh matter listing at the Delhi High Court usually happens within a few working days of clearance, though the exact gap depends on the category and the bench. Urgent cases can be listed sooner, sometimes the next day, if the lawyer files an urgency application or mentions the case for early listing.

Fresh matters are shown in the advance cause list and then in the daily cause list, with the court number and the item number. Many benches take fresh matters early in the day, but each bench sets its own order, and some take them after the regular board. Your lawyer will track the list. You can also follow it on the court's website.

A word of caution. This site is run by a private law firm, not by the court. For official listing information, the cause list and case status, use the Delhi High Court's own website.

Which bench hears your first date, and why

The bench that takes your first hearing is fixed by the Chief Justice's roster, according to the type of case. A bail application, a petition to quash an FIR, a civil revision or most writ petitions go to a single judge holding that category. A public interest petition, a Letters Patent appeal, a family court appeal, a tax appeal or a writ against a CAT order usually goes to a Division Bench of two judges. Our guide on how the Delhi High Court is organised explains the roster and the main categories.

The Delhi High Court has only one seat, at Sher Shah Road in New Delhi, so the first date is there or on the hybrid link, wherever you live. Before the court looks at anything else, it may ask whether it has jurisdiction at all. A writ under Article 226 can be filed in Delhi when the authority is located here or when part of the cause of action arose here (Article 226(2)). A resident of Noida or Gurugram whose dispute is entirely with a UP or Haryana authority will usually be told to go to the Allahabad or the Punjab and Haryana High Court.

On the original side, the first date is before a single judge for suits above the pecuniary limit; commercial suits go to the Commercial Division and IP suits to the Intellectual Property Division, both of which are single judges assigned by the roster. Smaller suits never reach the High Court on their first date; they start in the district courts.

What the court can do at the first hearing in Delhi High Court

At the first hearing in Delhi High Court, the judge or bench has the petition and, usually, has read the synopsis and the list of dates. Your lawyer gets a few minutes to explain why the case deserves to be heard and what is urgently needed. If the other side is present (because of an advance copy or a caveat), its lawyer may get a few minutes too.

The court then chooses from a small set of outcomes. It can issue notice to the respondents, which is the commonest result. It can issue notice and also grant an interim order, such as a stay, a direction not to take coercive steps, or an order maintaining the status quo. It can dismiss the case at the threshold, which lawyers call dismissal 'in limine', if it finds no case at all, or if the petitioner has an alternative remedy that should be used first. It can allow the petitioner to withdraw, often 'with liberty' to approach another forum. Or it can dispose of the case on the first date itself, for example by directing an authority to decide a pending representation within a fixed time.

Sometimes nothing happens because the court does not reach the matter. The order sheet then says 'not reached' or the case is simply relisted. That is not anyone's fault and does not count against you.

The order passed is usually short. It records who appeared, what was said in a line or two, and what the court directed. It is uploaded to the court's website, typically within a day or two.

Common first-date orders and what they mean

Notice issued: what it means and what follows

When the court says 'issue notice', it is asking the respondent to come and answer the petition. Notice issued is not a decision in your favour, but it means the court found at least an arguable case. Many petitions never get past this stage; those that do are, at the least, going to be heard on their merits.

The order usually goes on to set timelines. A typical one reads: 'Issue notice. Let counter affidavit be filed within four weeks. Rejoinder, if any, within two weeks thereafter. List on (date).' The petitioner then has to take steps to serve the respondents who were not present, by filing process fee and copies, or by 'dasti' service (where the petitioner's side serves the notice directly and files an affidavit of service). Government respondents are usually served through their standing counsel, who accepts notice in court.

Service must be done promptly. If the petitioner does not take steps within the time the court allows, the case can be dismissed for non-prosecution. If a respondent is served but does not file a reply in time, the court may close the right to file it or impose costs as a condition for a late reply.

The returnable date (the next date) is chosen by the court based on its list. In many writ categories, the gap is between one and three months. In bail matters it can be a week or two. In commercial suits, the next date may be before a Joint Registrar for completion of pleadings.

Interim relief on the first date: why this is the moment

If you need a stay of demolition, a direction that you not be arrested, an order to defreeze a bank account or an injunction against a rival using your brand, the first date is your best chance. Once notice is issued without an interim order, the court will usually wait for the reply before considering interim relief again, which can mean weeks.

The court looks at three questions, framed in different words for different kinds of cases: is there a prima facie case, where does the balance of convenience lie, and will the petitioner suffer irreparable harm if relief is refused. In criminal matters the questions become whether the accused needs custodial interrogation, whether he will cooperate, and whether there is a risk of flight or tampering.

Interim orders on the first date are often limited and time-bound: 'till the next date of hearing', 'subject to the petitioner depositing', 'subject to the petitioner joining investigation'. A limited order is still an order. Comply with its conditions exactly, because breach is the commonest reason interim protection is withdrawn later. Our guide on how interim orders work and how long they last explains extensions and vacation of such orders.

When Advocate B.K. Singh prepares for a first hearing where interim relief matters, he writes the exact interim order he wants on a single sheet before going to court: the words, the conditions he can accept on the client's behalf (a deposit, joining investigation, an undertaking), and the duration. If the judge asks 'what do you want me to pass', the answer is ready, and the conditions have already been cleared with the client.

Writ petitions and appeals on day one

In a writ petition against a government department, the first hearing is often decided by whether standing counsel has instructions. If the department's counsel has received the advance copy and spoken to the department, the court may call for a short status report, ask the department to decide a pending representation, or give a firm timeline. If counsel has no instructions, notice is issued and the court moves on. Serving the advance copy in good time is the petitioner's best tool here, and our guide on advance copies explains how it is done.

The court will also look at maintainability. Has the petitioner used the remedy of appeal available under the statute? Does the Delhi High Court have territorial jurisdiction under Article 226(2)? Is there delay? A petition that fails one of these tests may be dismissed or withdrawn on the first date. It is far better to deal with these questions frankly in the petition than to have the judge raise them.

In civil and family appeals, the first hearing (sometimes called the admission hearing) decides whether to issue notice and whether to stay the decree or order under appeal. A first appeal under Section 96 CPC is admitted as of course in most cases, while a second appeal under Section 100 CPC must show a substantial question of law. Delay in filing will be raised immediately if there is an application for condonation.

Criminal matters on day one: bail, quashing and revision

In a bail application, the first date usually ends with notice to the State and a direction to file a status report through the investigating officer. In a regular bail application for someone in custody, the court may also call for the nominal roll from the jail, showing custody period and conduct. Interim bail on the first date is less common, but it is granted for good reason, such as a medical emergency or a family event. In an anticipatory bail application, the court may protect the applicant from arrest until the next date on condition that he joins investigation.

In a petition to quash an FIR under Section 528 BNSS (old Section 482 CrPC), the court issues notice to the State and often to the complainant. Where the petition is based on a settlement, the court may direct the parties to appear (in person or by video link) on the next date so it can confirm the settlement is voluntary, or refer them to mediation. Our guide on the first hearing of a quashing petition covers that category in detail.

In a criminal revision, the first date decides notice and whether trial court proceedings should be stayed. Judges are cautious about stopping trials, and a stay is more likely where the challenge is to a summoning order or charge with a clear legal defect.

The additional public prosecutor for the State will usually be present and accept notice. He may have the police file and may give the court a quick oral update, which can sometimes decide whether interim protection is given.

Suits on the original side: summons and the first listing

A suit filed on the High Court's original side (above Rs 2 crore at present; a proposal to raise the limit is pending, so check the current figure) is listed first before a single judge. At this hearing the court decides whether to issue summons in the suit and notice on any application, such as an application for a temporary injunction under Order 39 CPC. In commercial suits, the court also considers whether the plaintiff can be exempted from pre-institution mediation under Section 12A of the Commercial Courts Act because urgent interim relief is sought.

Ex parte ad interim injunctions are granted on the first date in a fair number of trade mark, copyright and passing off cases, and sometimes in property cases, where delay would defeat the purpose. The plaintiff then has to comply with Order 39 Rule 3 CPC by sending the defendant the papers and the order promptly, and file an affidavit saying so.

After summons, the case usually goes to a Joint Registrar for completion of service and pleadings. Under the Delhi High Court (Original Side) Rules 2018, the written statement is due within 30 days of service, extendable up to 120 days on sufficient cause. A defendant who misses the outer limit may lose the right to file it altogether.

How to prepare for the first date

Most of the work for a first hearing happens in the week before it. These steps apply to petitioners; respondents should follow the last two.

1. Read the petition once more, as the judge will

   Read the synopsis, the list of dates and the prayers. Make sure every important date is right and every document referred to is attached and legible. If something is wrong, tell your lawyer now; corrections can be made by application, but not on the morning of the hearing.

2. Confirm service of the advance copy

   Check with your lawyer that the respondents or their standing counsel, and any caveator, have received the full petition, and that proof of service is on record. Missing proof is a common reason for a first date ending with no interim order.

3. Agree the interim relief and the conditions

   Decide with your lawyer what interim order you need and what conditions you can accept: a deposit, an undertaking, joining investigation, not selling the property. Bring a demand draft or proof of funds if a deposit is likely.

4. Be reachable during the hearing

   Keep your phone on and be available during court hours. The judge may ask a question only you can answer, such as whether you will appear before the IO tomorrow or whether you can deposit a sum within a week.

5. After the hearing, read the order

   Ask your lawyer for the order as soon as it is uploaded. Note the next date, every direction, every time limit and every condition. Diary them.

6. If you are the respondent, decide on appearance

   If you have received an advance copy, decide quickly whether to appear on the first date. Appearing lets your lawyer oppose interim relief and accept notice, which saves the time of formal service and stops an ex parte order.

What to keep ready for the first date

• A complete copy of the petition as filed, with all annexures
• Proof of advance service on each respondent and any caveator
• The impugned order or FIR, with a certified copy or proof it has been applied for
• Your identity proof and, for a company, the board resolution authorising the case
• Funds or a demand draft if the court may ask for a deposit as a condition
• Your availability for the next four to eight weeks, in case the court asks about dates
• Your lawyer's note on the interim order sought and the conditions you accept
• The hybrid hearing link, if your lawyer has told you to join and listen

Do you need to attend the first date?

Usually not. Your lawyer appears for you. The court does not expect petitioners, accused persons or respondents to be present on a first hearing unless it has directed their presence, which happens in some matrimonial cases, settlement-based quashing petitions and matters involving children.

If you want to watch, ask your lawyer. The Delhi High Court runs hybrid hearings, and parties can often join the video link with their lawyer's guidance. Follow the bench's rules: join muted, keep your camera off unless asked, and do not speak unless the court addresses you. Our guide on how virtual hearings work in the Delhi High Court covers the etiquette.

If you do come in person, you will need an entry pass. Arrive early, because security and the queue for passes take time, and because the court may take your case early in the day.

For an NRI, or someone living in another city, there is no need to travel for a first hearing. What matters is that you are reachable by phone, and that you have already signed the vakalatnama and affidavit so that nothing on the record is missing.

If you are the respondent and receive the petition

If you receive an advance copy before the first date, you have a choice. You can wait for formal notice, which may come weeks later, or you can appear on the first date. If the petitioner is seeking a stay or injunction against you, appearing on the first date is almost always wiser. Your lawyer can tell the court your side and ask that no order be passed without a reply.

If you appear, your lawyer will usually 'accept notice' in court and ask for time to file a reply. The court will fix timelines and the next date. If the court is inclined to pass an interim order anyway, your lawyer can propose conditions that protect you, such as a deposit by the petitioner or a limited order till the next date.

If you did not receive an advance copy and learn of an ex parte order passed against you, you can apply to vary or vacate it, or appear on the next date and seek its recall. Act quickly. Courts are more willing to revisit an ex parte order when the respondent moves promptly.

Advocate B.K. Singh's practice for a client who receives an advance copy the night before a listing is to send a short note to the petitioner's counsel that morning, confirming that he will appear and oppose interim relief. Even when the judge goes on to issue notice, the order often records that the respondent appeared and opposed, which makes a one-sided interim order less likely.

What goes wrong on first dates

• No proof of service on the other side. The court may decline interim relief and simply issue notice.
• Interim relief not thought through. A vague request ('any order the court deems fit') gets a vague answer or none.
• Alternative remedy ignored. If an appeal lies to a tribunal and the petition does not explain why it was not used, the court may ask the petitioner to withdraw.
• Delay not explained. Months of silence between the impugned order and the petition invite dismissal or at least no interim relief.
• Facts that do not match the documents. A wrong date in the list of dates, caught by the judge, can damage credibility for the rest of the case.
• Client unreachable. When the judge asks whether the petitioner will deposit or join investigation, the lawyer needs an answer in minutes.

After the first date

The order of the first date sets the course of the case. Read it carefully; our guide on order sheet terms explains phrases like 'renotify', 'subject to just exceptions' and 'list after'. If notice was issued, make sure service is completed and that your side files any reply or rejoinder in time. If interim relief was granted on conditions, comply exactly and keep proof.

Do not miss the next date. If you are a petitioner, the case can be dismissed for non-prosecution. Our guide on what happens if you miss a date explains the consequences and how to restore a case. For a sense of how long the rest of the case may take, see our guide on how long a case takes in the Delhi High Court.

Our page on the Delhi High Court sets out the main kinds of cases the court hears. If you would like advice on your papers before the first date, or updates on how the law and the court's practice have changed, contact Advocate B.K. Singh.