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Supreme Court Legal Format

Intervention Application Format in the Supreme Court of India

An intervention application is generally filed by a non-party who seeks permission to assist the Supreme Court in a pending proceeding because the applicant has a direct, substantial or otherwise relevant interest in the issues before the Court. Intervention does not automatically make the applicant a full party; the scope of participation depends on the Court's order.

Current rule Filing points Sample format Official resources

Current Supreme Court Rule on Intervention

Order XVII Rule 3 of the Supreme Court Rules, 2013 provides that when intervention is allowed, the intervenor is entitled to receive the documents produced and relied upon by the petitioner, unless the Court directs otherwise. An intervenor may make oral submissions only with the leave of the Court. Under Order I Rule 2(1)(o), the expression "respondent" includes an intervenor for the purposes of the Rules.

The Supreme Court's current filing nomenclature separately identifies an "Intervention Application" as an interlocutory application. Accordingly, in a pending case the draft should ordinarily be styled as an Interlocutory Application (I.A.) for Intervention, rather than as an independent miscellaneous application.

Important: The Court's Practice and Procedure handbook states that an application for intervention or impleadment should clearly specify whether the applicant seeks to be added as a petitioner, respondent or intervenor, and should contain the applicant's full address. It also states that an intervention/impleadment application in a disposed main case is not to be entertained unless the Court otherwise orders. A third-party miscellaneous application for intervention, impleadment or directions is also not to be entertained unless the Court directs otherwise.

Practical Filing Points

  • Use the exact cause title, case number and jurisdiction appearing in the pending Supreme Court matter.
  • State the applicant's direct and subsisting interest and explain why the Court's decision may affect that interest or why the applicant's assistance is relevant.
  • Clearly state that intervention, rather than impleadment as a petitioner or respondent, is sought if that is the intended relief.
  • Give the complete address and other particulars required by the Registry and support the application with the prescribed affidavit and documents.
  • Serve the application in accordance with the Supreme Court Rules, Registry requirements and any specific order passed in the case.
  • Before filing, verify the latest Supreme Court Rules, amendments, practice directions, court-fee requirements and e-filing instructions on the official Supreme Court website.

This page provides a general drafting format. The facts, relief, supporting documents and procedural applications must be adapted to the particular case and current Registry requirements.

Sample Intervention Application Format

The following model preserves the substance of the earlier sample while correcting the heading to an interlocutory application and modernising the drafting. Replace all blanks and illustrative facts with the actual record of the case.

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

INTERLOCUTORY APPLICATION NO. ____ OF 20__
IN
CIVIL APPEAL NO. ____ OF 20__

IN THE MATTER OF:

________________________ PVT. LTD....APPELLANT

VERSUS

STATE OF __________ & ORS....RESPONDENTS

AND IN THE MATTER OF:

MR./MS. __________________ & ORS....APPLICANTS / PROPOSED INTERVENORS

APPLICANT NO. 1:
Mr./Ms. __________________________
S/o / D/o / W/o __________________
Complete Address: ______________________________

APPLICANT NO. 2:
Mr./Ms. __________________________
S/o / D/o / W/o __________________
Complete Address: ______________________________

APPLICATION FOR INTERVENTION

TO,
THE HON'BLE CHIEF JUSTICE OF INDIA AND HIS/HER COMPANION JUSTICES OF THE HON'BLE SUPREME COURT OF INDIA.

The humble application of the Applicants above-named:

MOST RESPECTFULLY SHOWETH:

  1. That the present application is being filed by the Applicants seeking leave to intervene in the above-captioned proceedings. The Applicants are directly interested in the subject matter because ________________________________________________.
  2. That the Applicants are members / stakeholders / affected persons in relation to ______________________________________ and their rights and interests may be materially affected by the adjudication of the present matter.
  3. That the Applicants have a direct and subsisting interest in the controversy before this Hon'ble Court and seek a limited opportunity to assist the Court on the issues concerning __________________________________________.
  4. That the Applicants were not parties to the proceedings when the matter was earlier heard / decided at the previous stage. However, the Applicants' rights and interests are affected because ________________________________________________.
  5. That by order / judgment dated ____________, this Hon'ble Court observed / directed, inter alia, that ________________________________________________. A true copy of the relevant order, where required, is annexed as Annexure A-__.
  6. That subsequent events, including the communication / action dated ____________, have directly affected the Applicants in the following manner: ________________________________________________.
  7. That the Applicants submit that the said action / proposal is inconsistent with the applicable order / law because ________________________________________________.
  8. That the Applicants have sought appropriate relief / representation before the concerned authority, but ________________________________________________.
  9. That the value / entitlement / right claimed by the Applicants is supported by ________________________________________________. Relevant material is annexed as Annexure A-__.
  10. That the Applicants seek ________________________________________________ in accordance with the directions / legal principles applicable to the case.
  11. That the Applicants continue to suffer prejudice, including ________________________________________________, and their participation will assist in placing the relevant facts and legal position before this Hon'ble Court.
  12. That the Applicants are not seeking to enlarge the scope of the pending proceedings and will confine their submissions to the issues on which this Hon'ble Court permits intervention.
  13. That the Applicants have a direct and substantial interest in the subject matter and their rights may be seriously prejudiced if they are not permitted to assist this Hon'ble Court.
  14. That it is therefore just and necessary that the Applicants be permitted to intervene in Civil Appeal No. ____ of 20__ and to make such written and/or oral submissions as this Hon'ble Court may permit.
  15. That the present application is bona fide and made in the interest of justice.

PRAYER

In the above facts and circumstances, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:

  1. allow the Applicants to intervene in Civil Appeal No. ____ of 20__ and permit them to place relevant submissions/material on record, subject to such directions as this Hon'ble Court may deem fit; and
  2. pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY BOUND SHALL EVER PRAY.

FILED BY:

(________________________)
ADVOCATE-ON-RECORD FOR THE APPLICANTS

Drawn by: __________________
Place: New Delhi
Date: ________________

Official Supreme Court Resources

For current rules and filing requirements, use the Supreme Court of India's official resources: