What is the meaning of review petition in supreme court

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    • #1837
      Anonymous
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      I have lost a case in the Supreme Court. It took just one minute and the judges dismissed the petition. My advocate did not argue anything. Now the same advocate has advised that we should file a review petition in the supreme court. What does that mean? Will the review petition be heard in detail? Can I get justice if I file a review petition in the same court?

    • #1911

      A decision of the Supreme Court or of a High Court can be reviewed in a Review Petition. Such review petition is filed before the same court, generally on very limited grounds, such as an error apparent on the face of the record. Courts generally do not unsettle a decision in a review petition, unless there is a strong case.

      Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145, the Supreme Court has the power to review any judgement pronounced or order made by it. Under Supreme Court Rules, 2013, such a petition needs to be filed within 30 days from the date of judgement or order. Under these rules, such a review petition can be submitted only on some limited grounds permissible under these rules, since a review petition is not like an appeal.

      The review petition goes to the same bench of judges that delivered the judgement or order sought to be reviewed.

      You can file a review petition subject to the above limitations. However, the chances of success in a review petition are very limited. Please also see: Success Rate of Review Petition and Curative Petition in Supreme Court.

           


      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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