Curative petition can be filed in the Supreme Court only after dismissal / disposal of the review petition. It is not permissible to file the curative petition where the review petition is still pending or where the review petition has not even been filed.
To read some more details about the curative petition, please see my note on the case of Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388 : AIR 2002 SC 1771.
This is what has been laid down in the Supreme Court Rules, 2013, with regard to curative petition (only some relevant extracts are quoted here), which should clear some of your doubts about curative petitions:
“1. Curative Petitions shall be governed by Judgment of the Court dated 10th April, 2002 delivered in the case of 'Rupa Ashok Hurrah v. Ashok Hurrah and Ors.' in Writ Petition (C) No. 509 of 1997.
2. (1) The petitioner, in the curative petition, shall aver specifically that the grounds mentioned therein had been taken in the Review Petition and that it was dismissed by circulation.
(2) A Curative Petition shall be accompanied by a certificate ofthe Senior Advocate that the petition meets the requirements delineated in the above case.
(3) A curative petition shall be accompanied by a certificate ofthe Advocate on Record to the effect that it is the first curative petition in the impugned matter.
3. The Curative Petition shall be filed within reasonable time from the date of Judgment or Order passed in the Review Petition.”
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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