Yes, a party can request the court to take up a matter urgently by “mentioning” it before the court. Mentioning is a well-recognized practice through which an advocate or a party appearing in person requests the court to grant an early hearing or immediate listing of a case due to exceptional urgency. However, mentioning does not guarantee that the court will hear the matter immediately. The decision rests entirely with the court, which will examine whether genuine urgency exists.
Introduction
In litigation, certain situations cannot wait for the normal course of judicial proceedings. For example, a person may be facing imminent demolition of property, illegal dispossession, arrest, auction of property, publication of defamatory material, transfer of disputed property, violation of a court order, or expiry of a statutory limitation period. Waiting for the next scheduled date may cause irreparable loss.
To address such situations, Indian courts permit advocates and, in appropriate cases, parties appearing in person, to “mention” the matter before the court and request urgent listing or immediate hearing.
Although the Code of Civil Procedure, 1908 (CPC), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and other statutes do not specifically define “mentioning,” it has become an accepted judicial practice governed by the rules and procedures of the Supreme Court, High Courts, and subordinate courts.
This article explains what mentioning means, when it is appropriate, the procedure followed in different courts, practical remedies, important judicial principles, and answers to frequently asked questions.
What Is “Mentioning” Before the Court?
Mentioning is a request made before the court seeking:
early listing of a case,
urgent hearing,
interim protection,
advancement of the hearing date,
clarification of an existing order,
listing before a particular Bench where permissible under the rules.
It is not an argument on the merits of the case.
The advocate briefly explains the urgency and requests the court to pass an administrative or procedural order regarding listing or hearing.
When Can a Matter Be Mentioned Urgently?
Urgent mentioning is generally appropriate where delay is likely to cause irreparable harm, such as:
Threatened demolition of property.
Illegal dispossession.
Imminent arrest.
Expiry of limitation.
Auction or sale of disputed property.
Violation of an injunction order.
Execution of a decree causing irreversible consequences.
Child custody emergencies.
Medical emergencies affecting a litigant.
Stay of coercive action by public authorities.
Matters involving senior citizens or terminally ill litigants.
Cases involving constitutional rights requiring immediate protection.
The urgency must be genuine and not merely based on the litigant’s personal convenience.
When Should You Not Seek Urgent Mentioning?
Mentioning should generally not be used merely because:
the party wants an earlier date,
the advocate is busy,
the matter has been pending for a long time without any exceptional urgency,
documents are not yet ready,
the litigant simply wishes to avoid waiting.
Courts discourage misuse of the mentioning process.
Relevant Legal Provisions
Although mentioning is largely governed by court practice, the following provisions may become relevant depending on the nature of the case:
Section 151 CPC
Inherent powers of the civil court.
Order XXXIX Rules 1 and 2 CPC
Urgent interim injunctions.
Article 226 of the Constitution
Writ jurisdiction of the High Court.
Article 227 of the Constitution
Supervisory jurisdiction of the High Court.
Section 528 BNSS, 2023
Inherent powers of the High Court in criminal matters.
Each High Court and the Supreme Court also have their own Rules relating to urgent listing and mentioning.
How to Mention an Urgent Matter in a Civil Court
The general practice is:
Prepare the necessary application or plaint.
Ensure all urgent documents are ready.
Inform the court staff or filing section where required.
When the court permits mentioning, briefly state:
the case number (if already filed),
the names of the parties,
the relief sought,
the specific reason for urgency.
Avoid arguing the merits of the dispute.
The court may:
list the matter the same day,
list it on the next working day,
grant an early date,
or decline the request if urgency is not established.
How to Mention Before the High Court
Most High Courts have a structured procedure for urgent mentioning.
Depending on the applicable High Court Rules, the advocate may:
submit an urgency memo,
file a mentioning slip,
move an urgent listing application,
or orally mention the matter before the appropriate Bench.
Some High Courts also provide electronic filing systems for urgent listing requests.
How to Mention Before the Supreme Court
The Supreme Court of India has a regulated system for urgent listing.
Urgency requests are generally processed in accordance with the Supreme Court Rules and administrative directions issued from time to time.
Only cases demonstrating genuine urgency are ordinarily listed on an expedited basis.
Can a Party Appearing in Person Mention the Matter?
Yes.
A litigant appearing as a party in person may request urgent listing.
The party should:
remain courteous,
briefly explain the urgency,
avoid lengthy submissions,
carry all relevant documents,
be prepared to answer procedural questions.
The court will decide the request on its merits.
What Should Be Included While Mentioning?
A concise submission generally includes:
the case number,
the names of the parties,
the stage of the proceedings,
the immediate threat or urgency,
the prejudice likely to occur if the matter is not heard urgently,
the relief requested.
The entire request usually takes only a few minutes.
Practical Tips for Effective Mentioning
Be brief and precise.
Mention only genuine urgency.
Avoid arguing the entire case.
Carry all relevant documents.
Be prepared to answer questions from the court.
Do not exaggerate the urgency.
Respect court etiquette.
If the court declines the request, comply with the listing order without repeated insistence.
Can the Court Refuse Urgent Mentioning?
Yes.
The court may refuse urgent listing where:
no real urgency exists,
alternative remedies are available,
the urgency has been created by the applicant’s own delay,
the request is frivolous,
the matter is already listed shortly.
The decision is entirely within the discretion of the court.
Practical Remedies if Urgent Mentioning Is Refused
If urgent mentioning is declined:
comply with the next listing date,
file a properly drafted interim application if appropriate,
remove procedural defects,
seek an urgent listing again only if circumstances materially change,
avoid filing repeated mentioning requests on identical grounds.
Important Supreme Court Judgments
Although mentioning itself is primarily governed by court practice rather than specific statutory provisions, the following judicial principles are highly relevant.
Maneka Gandhi v. Union of India
The Supreme Court emphasized that fairness is an essential component of judicial procedure. Where urgent judicial intervention is necessary to protect fundamental rights, courts should adopt a fair and reasonable approach.
Morgan Stanley Mutual Fund v. Kartick Das
The Supreme Court observed that ex parte interim relief should be granted only in exceptional circumstances where immediate intervention is necessary to prevent irreparable injury. This principle also guides courts while assessing requests for urgent listing.
Shiv Cotex v. Tirgun Auto Plast Pvt. Ltd.
The Supreme Court reiterated the importance of judicial discipline and efficient case management, emphasizing that procedural mechanisms should not be misused to delay or disrupt the orderly functioning of courts.
These decisions underline that urgency should be genuine, supported by facts, and proportionate to the relief sought.
Common Mistakes Made While Mentioning
Arguing the entire case.
Exaggerating the urgency.
Failing to carry relevant documents.
Making repeated mentioning requests without new circumstances.
Interrupting ongoing court proceedings.
Being unprepared to answer the court’s questions.
Seeking urgency for matters involving no immediate prejudice.
Practical Illustration
Suppose A learns that the defendant intends to execute a sale deed transferring the disputed property the following morning despite a pending injunction application.
A’s advocate appears before the court at the earliest opportunity, mentions the matter, briefly explains that third-party rights may be created before the scheduled hearing, and requests urgent listing.
If the court is satisfied that irreparable injury may occur, it may list the matter the same day or grant an early hearing for consideration of interim relief.
Frequently Asked Questions
What does “mentioning” mean in court?
Mentioning is a request made before the court seeking urgent listing or early hearing of a case due to exceptional circumstances.
Can every case be mentioned urgently?
No. Only matters involving genuine urgency are ordinarily considered for urgent listing.
Can a party appearing in person mention a case?
Yes. A party appearing in person may request urgent listing, subject to the court’s procedure and discretion.
Does mentioning guarantee an immediate hearing?
No. The court may accept or reject the request depending upon the facts and the urgency demonstrated.
Should I argue the entire case while mentioning?
No. Mentioning is limited to explaining the urgency and requesting listing. The merits of the case are argued at the hearing.
Can the court refuse urgent listing?
Yes. If no genuine urgency exists or the request lacks merit, the court may decline the request.
Can I mention a criminal matter urgently?
Yes. Urgent criminal matters such as bail, protection from coercive action, or other pressing issues may be mentioned in accordance with the applicable court rules.
What documents should I carry while mentioning?
Carry the case papers, relevant orders, pleadings, applications, and any documents establishing the urgency.
Is there a prescribed format for mentioning?
The procedure varies among courts. Some require an urgency application or mentioning slip, while others permit oral mentioning.
Should I engage a lawyer for urgent mentioning?
Yes. Although parties in person may mention their cases, an experienced advocate familiar with the practice and rules of the concerned court can often present the urgency more effectively and ensure compliance with procedural requirements.
Conclusion
Mentioning an urgent matter before the court is an important procedural mechanism that enables litigants to seek immediate judicial attention when waiting for the ordinary listing would cause irreparable harm. While there is no absolute right to an urgent hearing, courts are generally responsive where genuine urgency is demonstrated with candour and supporting material.
The key to a successful mentioning lies in presenting a brief, factual, and well-supported explanation of the urgency without arguing the merits of the case. Litigants should avoid treating mentioning as a routine shortcut and reserve it for exceptional situations where immediate judicial intervention is genuinely necessary. Proper preparation, familiarity with the rules of the concerned court, and timely legal advice can significantly improve the chances of obtaining urgent relief.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304