In exercise of the powers conferred under
Article 225 and Article 227 of the Constitution of India and all other powers
enabling it in this behalf and after obtaining previous approval of the Governor
of Kerala conveyed in G.O. (Rt) No. 1350/2021/Home, dated 7th May, 2021, the
High Court of Kerala hereby makes the following Rules, namely (1)
These
Rules shall be called the Electronic Filing Rules for Courts (Kerala), 2021. (2)
They
shall come into force on the date notified by the High Court. (3)
These
Rules shall apply to the High Court and Subordinate Courts over which the High
Court exercises supervisory jurisdiction. (4)
These
Rules shall also apply to Tribunals which shall be notified by the High Court
from time to time. (5)
These
Rules shall apply to online Electronic Filing System, Designated Counters and
facilities provided for Electronic Filing through Electronic Service Centres. (6)
These
Rules shall apply to such category of cases as are notified by the High Court
in its website, or in such other manner, from time to time. In the construction of these rules the
following terms (unless the context or subject-matter otherwise requires) shall
have the respective meanings hereinafter assigned to them: (a)
"Advocate"
means an advocate entered in any roll under the provisions of the Advocates
Act, 1961 (Act 25 of 1961) and shall also include Government Pleaders/Advocates
and officers of the prosecuting agencies. (b)
"Action"
includes all proceedings instituted in the Courts such as suits, criminal
complaints, appeals, revision petitions, writ petitions, writ appeals, contempt
petitions, execution petitions, arbitration proceedings, probate cases,
caveats, bail applications and interlocutory applications. (c)
"Administrator"
means the Registrar (Recruitment & Computerisation) or an officer
authorized by the Chief Justice in respect of the High Court and an officer
authorised by the District Judge for the Subordinate Courts and an officer
authorised by the Statutory functionaries or authorities for administering and
dealing with matters connected with or relating to electronic filing. (d)
"
Chief Justice" means the Chief Justice of the High Court of Kerala. (e)
"Conventional
Filing" means the physical non-electronic presentation of any pleadings or
documents to the Court. (f)
"Court"
means collectively the High Court, Subordinate Courts and Tribunals. (g)
"Designated
Counters" means those counters which find mention in the Electronic Filing
Web Portal and those which may be provided in the website of the High Court or
Subordinate Courts or Tribunals from time to time. (h)
"Digital
Signature" means Digital Signature as defined in Section 2(1)(p) of the
Information Technology Act, 2000 (Act 21 of 2000) (i)
"District
Judge" means the Principal District and Sessions Judge of the District. (j)
"Electronic
Filer (E-Filer)" means an Advocate or a Party-in-Person filing the
pleadings or documents electronically through the Electronic Filing System and
who has registered under Rule 4 of these Rules. (k)
"Electronic
Filing (E-Filing)" means electronic filing in the prescribed manner
through the Internet (at the Electronic Filing Web Portal of the Court) and
through the Internet or Intranet at Designated Counters, unless the context
otherwise requires. (l)
"Electronic
Filing Web Portal (E-Filing Web Portal)" means the website of the Court
used for filing pleadings and documents online. (m)
"Electronic
Filing System (EFS)" means the system of software, database, network,
hardware and service providers approved by the High Court to facilitate
Electronic Filing Web Portal. (n)
"Electronic
Payment [e-payment]" means all payments into Court and out of Court
through electronic means. (o)
"Electronic
Signature" means Electronic Signature as defined in Section 2(1) (ta) of
the Information Technology Act, 2000 (Act 21 of 2000). (p)
"Evidence"
means and includes evidence as defined in Section 3 of the Indian Evidence Act,
1872 (Act 1 of 1872). (q)
"High
Court" means High Court of Kerala. (r)
"Objections"
means deficiencies and errors pointed out by the Registry in relation to the
pleadings or documents filed under these Rules. (s)
"Opposite
Party" means defendant, respondent, judgment debtor, counter petitioner,
accused or any other person against whom an Action is initiated. (t)
"Optical
Character Recognition (OCR)" means a technology that enables one to
convert different types of documents, such as scanned paper documents, PDF
files or images captured by a digital equipment into editable and searchable
data. (u)
"Party"
means plaintiff, petitioner, complainant, applicant, caveator, appellant,
decree holder or any other person who initiates an Action. (v)
"Party-in-Person"
means any Party or Opposite Party without availing the services of an Advocate. (w)
"Pleadings"
for the purpose of these rules means and includes pleadings filed in support or
defence of an Action including plaint, written statement, petitions, written
objections, replies, counter-affidavits, counter statement and additional or
supplementary affidavits. (x)
"PDF"
means an electronic document filed in a Portable Document Format with Optical
Character Recognition (OCR). (y)
"PDF/A"
means an ISO standardized version of the Portable Document Format (PDF)
specialized for the digital preservation of electronic documents. (z)
"Registry"
means the Registry of the High Court or the Filing Officer of the Subordinate
Courts and Tribunals. (za) "Scanned
Document" means an electronic document created in Portable Document Format
(PDF). (zb) "Technical
Failure" means a failure of the Court's hardware, software, network and or
telecommunications facility which results in the impossibility of submitting a
file electronically but does not include malfunctioning of the equipment of the
person submitting an electronic file. (zc) "Third
Party" means and includes any person or persons or entity seeking to
implead himself to become a party to the proceedings or to intervene in an
Action. (zd)
"Tribunal" means the Tribunals which are notified by the High Court
from time to time under sub-rule (4) of Rule 1. (ze) "Working
Day" means and includes a day when the Registry of the Court is
functioning under the calendar published or as directed by the Court. (1)
Online
electronic filing shall be made in the High Court by visiting the web portal of
the High Court or that is assigned specifically for electronic filing by the
Chief Justice. (2)
Online
electronic filing shall be made in the Subordinate Courts or Tribunals by
visiting the web portal of the respective courts or that is assigned
specifically for electronic filing by the High Court. (3)
Except
as provided elsewhere in these Rules, all Actions whether in fresh, pending and
disposed of cases, shall be filed electronically by the E-Filer in the manner
provided in these Rules. (4)
Any
person who is unable to access the Electronic Filing portal would be entitled
to make use of the facilities provided at the Designated Counters on payment of
charges, if stipulated. (5)
The
size of the electronic file shall not exceed 100 MB. In case the electronic
file size exceeds 100 MB, the E-Filer should visit any one of the Designated
Counters for enabling Electronic Filing through the Intranet. (6)
A
Party-in-Person who institutes or defends an Action shall submit an affidavit
or an undertaking stating that he has not engaged an Advocate in the Action. (7)
A
Party-in-Person who subsequently engages an Advocate shall file an application
before the Administrator for transferring the data in respect of the
proceedings instituted, to the Advocate's user account. Once the data is
transferred by the Administrator to the user account of the Advocate, the
Party-in-Person shall not be allowed to modify the data filed or file any
pleadings in the same proceedings. (1)
All
Advocates and Party-in-Person who have not registered on the Court Electronic
Filing web portal shall register themselves in the Court Electronic Filing Web
Portal. The procedure for registration will be published in the website of the Court. (2)
The
Registry shall allot a user account, if the registration done under sub-rule
(1) is in proper order. (3)
The
E-Filer's username and password shall constitute the E-Filer's electronic
identity and the user account for the purpose of these Rules. (4)
The
E-Filer shall maintain a valid and working Electronic Mail (e-mail) address and
mobile number to facilitate the receiving of Electronic Mail notifications or
Short Messaging Service (SMS) from the Electronic Filing System. The Registry
shall not be responsible if an E-Filer does not receive notifications from the
Electronic Filing System through his Electronic Mail or SMS. (5)
The
E-Filer can also change his Electronic Mail address or mobile number or other
information provided in his profile using the Electronic Filing Web Portal. (6)
The
E-Filer shall be responsible for safeguarding his user ID and password and
shall be liable for the conduct undertaken using his user ID and password. The
E-Filer shall also ensure that his user ID and password is not shared with any
other person. (7)
The
E-Filer shall not use his user ID other than for filing the case in which he
has been engaged or is interested in. (8)
The
E-Filer shall take all reasonable steps to ensure that the pleadings and
documents filed by him do not contain any malware or virus that might be
harmful to the Court's electronic filing system and to the other users of that
system. The E-Filer if he has reasonable apprehension that his electronic
identity has been compromised or a threat to the system exists, he shall immediately
inform about the same to the Administrator. (9)
The
Courts shall presume that the pleadings and documents filed by the E-Filer have
been filed by him using his user ID. Any inappropriate conduct on the part of
the E-Filer, which comes to the notice of the Court, shall result in the
suspension of his account and strict action being initiated by the Court,
against the E-Filer, under any of the laws for the time being in force. (1)
Whenever
an E-Filer intends to file a pleading the same shall be prepared electronically
using any word processing software following the format as mentioned below. (a)
Paper
Size: The pleadings shall be prepared on A-4 paper (b)
Font
and Font Size: The font of the letters shall be Times New Roman and the typeface
shall be 14 point. (c)
Line
Spacing: All text shall be of 1.5 line spaced. (d)
Alignment:
All the documents shall be aligned with justified alignment. (e)
Margins:
Top Margin -1.5" Bottom Margin -1.5" Left Margin -1.75" Right Margin -1.0" (2)
A
document which is to be typed in the local language of the Court shall be typed
using UNICODE Font 12. (3)
All
pleadings and documents filed in the High Court shall be in PDF or PDF/A
format. The pleadings and the documents produced in support of the same shall
be converted into Optical Character Recognition (OCR) searchable PDF or PDF/A
document. The E-Filer in addition can also utilise the service of online web
editor available in the Electronic Filing System. (4)
The
Electronic Filing System in addition to the uploading of PDF or PDF/A document
shall also have the provision for uploading Video or Audio files. (5)
Where
the document is not a text document and has to be enclosed along with the
pleadings, the document shall be scanned using an image resolution of 300 DPI
(Dots Per Inch) in OCR searchable mode and saved as a PDF or PDF/A. The E-Filer
shall ensure that the documents filed are an accurate representation of the
document and is complete and readable. When the original of the document is not
clearly legible, a typed copy of the document duly certified by the Advocate or
Party-in-Person shall also be scanned and uploaded along with the original. (6)
When
the documents produced along with the pleadings or subsequently produced is not
the original of the document, then the Advocate or the Party-in-Person
producing the document, shall endorse on the top of the first page of the
document, that the document is not the original document and that it is only a
certified copy or a photocopy of the original document. (7)
The
pleadings filed should strictly conform to the requirements as prescribed in
the relevant Acts and Rules. (8)
The
text document and the scanned documents shall be uploaded in the website of the
relevant courts in the manner and method as prescribed by the High Court from
time to time. Any electronic filing not made in the manner and method as
prescribed by the High Court shall be treated as a defective electronic filing. (9)
The
procedure for converting a document into an OCR searchable PDF or PDF/A file
will be set out in the website of the respective Courts. (1)
A
document electronically filed using the Electronic Filing System shall bear the
digital signature of the Advocate or the Party-in-Person. The digital signature
shall be affixed on such places as are mandated under the relevant Acts and
Rules. (2)
An
Advocate or a Party-in-Person who does not possess the digital signature as
issued by the competent authority, can authenticate electronically filed
pleadings and documents by Electronic Signature [e-signature] based on Aadhaar
authentication using his Aadhaar number and the OTP sent to the registered
number of the Advocate or Party-in-Person. Such an authentication shall be
considered as a valid identification for all intents and purposes. (3)
An
Advocate or a Party-in-Person who does not possess a Digital Signature and
Electronic Signature [e-signature] can authenticate electronically filed
documents by electronic verification using his Electronic Mail Address (e-mail)
or mobile phone number based OTP authentication. (4)
If
the Advocate or the Party-in-Person is unable to authenticate as mentioned in
sub-rules (1) to (3) then a print out of the pleadings or documents shall be
physically signed in accordance with the relevant Rules and thereafter it shall
be scanned and uploaded. (5)
A
list of the recognised Digital Signature providers and the procedure involved
in appending single or multiple signatures will be available in the web portal
of the Court concerned. (1)
Court
fees and other charges payable under the relevant Acts and Rules shall be made
through Electronic Payment [e-payment] in the manner and mode as notified by
the High Court from time to time and the notification shall also be available
in the web portal of the relevant courts. (1)
The
original of the documents other than the pleadings that are scanned and
digitally signed by the E-Filer at the time of e-filing should be preserved for
production as and when directed by the Court. (2)
In
addition to the original documents referred to in sub-rule (1) the signed
vakalath, notarised/attested affidavits and any original document whose
authenticity is disputed should be preserved at least for three years after the
final disposal of the Action including appeals if any. (3)
The
responsibility for producing the originals of the documents shall be on the
person who has electronically filed the scanned copies thereof. (1)
The
access to the pleadings and the documents filed electronically in an Action
will be provided only to the Advocates for the parties or to the concerned
Party-in-Person. (2)
The
Advocate for the parties or the Party-in-Person shall be entitled to obtain
certified copies of the pleadings and documents filed electronically, in
accordance with the relevant rules for grant of certified copies. (3)
A
stranger to the Action is entitled to obtain the certified copy of the
pleadings and documents filed in the Action in accordance with the relevant
rules. The Court for reasons to be recorded in
writing may on an application filed by an Advocate or Party-in-Person exempt
him from online electronic filing of the entire pleadings or part of the
pleadings and/or documents in any of the circumstances mentioned herein: (i)
where
online electronic filing is for reasons stated in the application not feasible;
or (ii)
where
there are concerns about confidentiality and protection of privacy; or (iii)
where
the document cannot be scanned or filed electronically because of its size,
shape or condition; or (iv)
where
the online electronic filing web portal is either inaccessible or not available
for any reason; and/or (v)
where
there are just and sufficient cause. (1)
The
Court may serve the pleadings and documents that are electronically filed to
the user account of the E-Filer through the designated electronic file system
user account of the Registry or to his electronic mail account or through
electronic post [e-post] or through any other electronic mode as prescribed by
the Court. The same shall be in addition to the prescribed mode of service as
per the relevant Acts and Rules. (2)
The
Court may serve the notices, pleadings and documents that are electronically
filed to the opposite party through the designated electronic file system user
account of the Registry or to his electronic mail account, if any, or through
electronic post [e-post] or through any other electronic mode as prescribed by
the Court. The same shall be in addition to the prescribed mode of service as
per the relevant Acts and Rules. The proof of Electronic Filing of an Action
shall be informed to the E-Filer on his registered electronic mail address,
mobile phone number, E-Filer user account or through any other electronic mode
as prescribed by the Court. (1)
Wherever
Limitation under the Limitation Act, 1963 (Act 36 of 1963) or under any other
law for the time being in force applies to an Action, it shall be the
responsibility of the E-Filer to electronically file the Action before the
prescribed period of Limitation. (2)
The
date of Electronic Filing for computation of the period of limitation shall be
taken as the date when the Action is electronically received in the Registry
within the time [Indian Standard Time] prescribed under the relevant Act/Rules
and orders issued from time to time. (3)
The
facility for online Electronic Filing through the web portal shall be within
the time prescribed under the relevant Act/Rules and orders issued from time to
time. (4)
When
Electronic Filing is not possible on the Electronic Filing Web Portal of the
Court due to any technical failure or system maintenance or other exigencies,
then the Electronic Filer can Electronically File through the Designated
Counters during the working hours of the Court. (5)
The
E-Filer shall not be permitted to claim exemption from the period of
limitation, on the ground that there was failure of the Electronic Filing
facility. (6)
These
Rules shall not affect the powers of the Court from permitting Conventional
Filing on grounds of total inability to electronically file through the
Electronic Filing Web Portal or the Designated Counter of the Court. (1)
The
Advocates and Party-in-Person can take hard copies of the pleadings and
documents filed electronically for their use in the Court. (2)
The
Registry of the Court shall take hard copies of the pleadings and documents
meant for the use of the Court or for other official purposes. (1)
The
Electronically filed pleadings and documents shall be stored on an exclusive
server which shall be under the control and supervision of the Courts. (2)
The
Registry shall separately label and encrypt each Action for facilitating their
identification and retrieval. (3)
The
security of the Actions shall be ensured by the Courts and access to them shall
be in the manner provided in the Rules subject to changes decided by the Courts
from time to time. (4)
The
Courts shall take all necessary steps to ensure that a backup copy of all
Actions is preserved in the manner as decided by the High Court from time to
time. (1)
When
the High Court is satisfied that the operation of any Rule causes undue
hardship, it may order to dispense with or relax the requirements of that Rule
to such extent and subject to such conditions, if any, as is necessary to deal
with the case in a just and equitable manner. (2)
The
High Court may also from time to time issue practice directions under these
Rules and the said directions shall be effective from the dates as may be
notified. (1)
The
Registry shall on scrutiny of the pleadings or documents filed, note the
objections regarding the non-compliance with these Rules or Practice Directions
or any other law for the time being in force. (2)
The
Registry shall inform the E-Filer of the objections noted in his electronic
mail address (e-mail) or through any other electronic mode. (3)
The
objections noted by the Registry shall be cured by the E-Filer and the same
shall be returned back to the Registry within the time provided. (4)
The
pleadings or documents shall be posted before the Court only after the
objections noted by the Registry are cured by the E-Filer. (5)
An
E-Filer who has initiated an Action through Electronic Filing shall receive all
copies of the pleadings or documents filed by the opposite party through his
electronic mail address or electronic filing system user account or through any
other electronic mode. (6)
The
person who faces an action, instead of receiving the pleadings or documents
through his electronic mail address or through any other electronic mode, shall
be entitled to make a written application to the concerned Registry to provide
him with the hard copy of the pleadings or documents filed. The Registry, on
being satisfied that sufficient reasons are made out in the written
application, shall then direct the person who initiated the Action either to
provide the hard copy of the pleadings or documents or to deposit the charges
required for; taking photocopy of the same. (7)
An
E-Filer shall be entitled to assistance from the concerned Registry in case of
any assistance required under these Rules. (8)
An
E-Filer who has registered a caveat in a court shall receive all copies of the
pleadings or documents filed by the opposite party to the caveat through his
Electronic Mail Address or Electronic Filing system user account or through any
other electronic mode. (9)
Procedural
Matters with respect to which no express provision has been made in these Rules
shall be decided by the Court consistent with the principle of furthering the
interest of justice. (10)
These
Rules shall be in addition to the Rules contained in the Criminal Rules of
Practice, Kerala, Civil Rules of Practice, Kerala and the Rules of the High
Court of Kerala, 1971.ELECTRONIC
FILING RULES FOR COURTS (KERALA), 2021
PREAMBLE