Definition
High Court original jurisdiction.
Cases filed directly in High Court.
Etymology & Origin
Indicates the 'side' or division of the court that hears a case 'originally' (for the very first time), as a trial court, rather than on appeal.
Full Legal Analysis
In the Indian judicial system, the Original Side refers to the jurisdiction of a High Court to act as a trial court—meaning a lawsuit is instituted directly in the High Court, and the High Court judge records evidence, examines witnesses, and passes the first decree.
Not all High Courts have an Original Side. Historically, only the chartered High Courts of Bombay, Madras, Calcutta, and Delhi possess 'Ordinary Original Civil Jurisdiction'. In these cities, civil suits exceeding a certain monetary value (the pecuniary limit) bypass the district courts entirely and must be filed directly in the High Court.
Practicing on the Original Side (often abbreviated as 'OS') is considered highly prestigious. The procedure is governed by the High Court's own specific Original Side Rules, which often override general CPC provisions regarding the formatting of plaints and timelines.
For instance, in Delhi, any ordinary civil suit valued above ₹2 Crores must be filed on the Original Side of the Delhi High Court, not in the Tis Hazari or other district courts.
Corporate litigators frequently deal with the Original Side for high-stakes commercial disputes, intellectual property injunctions, and large arbitration enforcements.
