Usually a period of 28 days is allowed to remove the defects notified on filing of a petition (such as SLP), which is after diary number is allocated at the time of filing. For further delay, you may have to file an application for condonation of delay in re-filing the matter by removal of defects of filing.
Supreme Court Rules, 2013, lay down that the Application for condonation of delay in re-filing may be decided by the Registrar, provided the delay does not exceed 60 days from the date of notifying the defects.
These Rules also lay down that if the defects are not removed till 90 days from the date of communication of the defects, the matter shall be listed with Office Report on default before the Judge in Chambers for appropriate orders.
If there is more delay in removing defects, then the delay will have to be condoned by the regular bench of the Supreme Court, which generally consists of two judges.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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