Refusal to Number Suit Due to Electronic Signature Verification Issues Held Unacceptable under Electronic Filing Rules, 2021 and IT Act, 2000
In a significant ruling on 7th September 2026, the Kerala High Court, presided over by Justice Easwaran S., issued a directive to the Principal Munsiff Court, Ernakulam, to number a suit that was electronically filed with electronic signatures, rejecting the court's refusal based on lack of resources to verify the electronic signatures. The original petition was filed by Aneesh, who challenged the Principal Munsiff Court's office for not numbering his suit as the Vakalath (power of attorney) and plaint were accompanied by electronic signatures.
The petitioner's counsel relied on Rule 8(2) of the Electronic Filing Rules for Courts (Kerala), 2021, which mandates that Vakalaths, affidavits, or other documents requiring signatures can be filed electronically and must be authenticated according to the Information Technology Act, 2000. The court noted that the petitioner had produced an audit trail demonstrating compliance with these rules, including details of the electronic signing process such as OTP verification, device information, and IP particulars, ensuring the authenticity and integrity of the documents.
Rejecting the Principal Munsiff Court's refusal, the Kerala High Court held that once the electronic filing complies with the Electronic Filing Rules and IT Act provisions, the court cannot deny numbering or registration of the suit merely due to lack of technical resources for signature verification. The High Court ordered the Principal Munsiff Court to receive the plaint along with the electronically signed Vakalath and affidavit and to number the suit within three days from the judgment's receipt.
This judgment underscores the judiciary's recognition of digital processes in court filings and affirms that courts must adapt to modern electronic documentation standards without procedural hindrances. It also highlights the mandatory compliance with statutory provisions ensuring the validity of electronic signatures, thus promoting efficiency and accessibility in judicial proceedings.
Bottom Line:
Electronic Filing Rules for Courts (Kerala), 2021 - Court cannot refuse to number a suit merely because the Vakalath and plaint are accompanied by electronic signatures, as long as they comply with the provisions of the Information Technology Act, 2000.
Statutory provision(s): Electronic Filing Rules for Courts (Kerala), 2021 Rule 8(2), Information Technology Act, 2000 (Central Act 21 of 2000)
