The Supreme court rules 2013: Special Leave Petitions under Article 136 of the constitution

This article has been written by SWAPNIL DUTT VYAS, (Triple MBA in (Finance ,Marketing and Insurance) from Top university of India  AICTE approve and Completed three year full time L.L.M (Master of Law )  in  (Business law/corporate law) ,

The Supreme Court Rules 2013: Part II (Provision Regarding Special Leave Petitions under Article 136 of the Constitution

Order XXI / (21) Special Leave Petitions (Civil)

• Filing Special Leave Petitions:
  • By following the Limitation Act 1963 with sections 4, 5, 12, and 14, a special leave petition will be lodged in the court against the High Court order within sixty days and in other cases within 90 days from the date of the judgment or order sought to be appealed from.
  • In cases where a refusal judgment is given by a single judge of the High Court, the computation of the limitation period will be excluded.
  • An order of refusal means refusing to grant a certificate under Article 134A of the Constitution, and under Articles 132 and 133.
• Refusal Certificates:
  • Related to refusal certificates under Articles 134A, 132, and 133, where the limitation is claimed, there is no need to file a refusing certificate. However, an affidavit is required stating the date of the judgment sought to be appealed from, the date related to the application for a certificate of fitness to appeal to the court was made to the High Court, the date related to the order refusing the certificate, the ground on which the certificate was refused, and the application related to the certificate dismissed because of being out of time.
• Special Leave Petition Filing:
  • A special leave petition will be filed before the court under Article 136 in Form 28, and along with the petition, a list of dates with material facts. The SLP should confine pleadings to the court/tribunal whose order is challenged. The petitioner, with notice to the respondent, can keep additional grounds at the time of hearing.
  • The petitioner will produce documents with a proper separately indexed number. Those documents are part of the record in the case, and the documents will not be indexed collectively.
  • With a separate application, additional documents can be produced by the petitioner that were not part of the records in the court of law.
  • The English version related to statutes, ordinances, rules, regulations, by-laws, orders, and provisions of the Constitution referred to in the impugned judgment or order will be filed as an appendix in the special leave petition.
  • An affidavit will be filed in support of the SLP by mentioning the deponent, stating that whatever facts are mentioned are true to his knowledge and belief.
  • The SLP will be arranged in order, like a list of dates, a certificate of judgment, SLP in the prescribed Form No. 28, appendix related to statutes, rules, regulations, by-laws, orders, and Constitution-related provisions, annexures with page numbers filed with the SLP.
  • The petitioner must serve notice to the respondent if notice is ordered on the special leave petition. For a petition against the interlocutory order pending in the court, notice will be sent to the advocate appearing for the party in the court/tribunal.
  • No petition will be entertained by the registry unless it is supported by the affidavit of the petitioner or his pairokar, mentioning that the petitioner filed a petition for special leave against the impugned order.
  • The court will revoke the petition if it thinks that the petitioner did not disclose the fact of filing a similar petition, dismiss a second petition, and revoke it if special leave has already been granted.
  • A statement should be given in the petition that the matter was contested in the court appealed from, with the full name and address of the parties.
• Certificate Copy of Judgment or Order:
  • A certificate copy of the judgment or order, and an affidavit in support of the statement will accompany the petition.
• Annexures:
  • Annexures of copies of documents that are part of the record of the case must be certified, and an uncertified copy of documents with a true copy and support of an affidavit will be presented.
• Number of Petition Sets:
  • The petitioner will file three sets of the petition and accompanying papers.
• Legal Representative Petitions:
  • For presenting as a legal representative, a petition with a prayer for bringing on record with support by affidavit.
• Substitution in Case of Death:
  • Where the filing of a petition for special leave and hearing thereof becomes defective by reason of death, an application will be made by a proper person to be substituted. Rule 30 of Order XIX will apply to the hearing.
• Ex-parte Hearings:
  • The petition can be put up for hearing ex-parte unless a caveat is lodged by the other party as mentioned in Rule 2 of Order XV. The court, if it thinks fit, can issue notice to the respondent and adjourn the hearing of the petition.
  • Without notice to the respondent, the court will not entertain the petition with condonation of delay if the petition of special leave is filed by the petitioner beyond the period of limitation.
  • In the case of a caveat, notice of the caveat will be given to the caveator, but costs will not be given to the caveator unless the court orders so.
  • The respondent, if contested, will be informed about the ex-parte decision if the petition stands dismissed.
• Application of Rule 11 of Order XVIII:
  • Provision of Rule 11 of Order XVIII will be applicable to the parties.
• Registration and Numbering of Petitions:
  • After the granting of special leave, by paying the additional court fees, the petition of appeal will be registered and numbered, and provisions related to Order XIX will be applicable to appeals and respondents served with notice. No further notice is required after lodging the appeal.
• Original Record Consideration:
  • For a petition for SLP, the original record will be considered. No fresh printing of the record will be necessary.
  • If the court feels that fresh printing of the record is required, an order can be given by the court, and Order XIX will be followed.
• Disposal of Matters within Short Time:
  • If the matter can be disposed of within a short time, in an hour or two, a separate register will be maintained. The Chief Justice will constitute a bench to dispose of such matters.
• Respondent’s Objections:
  • The respondent, after receiving notice from the court, within 30 days or no later than 2 weeks, can file objections for not granting an interim order and for vacating the interim order.
  • The respondent can file an application for stay after filing the objection.
  • Whatever objection is submitted by the respondent will be supported by an affidavit, and the annexures produced should be a true copy of the original form part of the record.
  • The respondent, for producing such a document which was not part of the record, will file an application for permission with the necessity of producing it before the court.
  • The respondent will file an additional list of dates if he considers that whatever list of dates filed by the petitioner is inaccurate and incomplete.
• Application to Armed Forces Tribunal Act 2007:
• • The provision under this order will be applicable to applications for leave to appeal under Section 31(2) Second Part of the Armed Forces Tribunal Act 2007 with modifications and adaptations.