Supreme Court legal formats

Supreme Court Review Petition Format under Article 137

Legal grounds, limitation, procedure and a sample civil review petition under the Constitution of India and the Supreme Court Rules, 2013.

Important update: The applicable review provisions are in Order XL of the Supreme Court Rules, 2013, whereas Order XLVII Rule 1 concerns review under the Code of Civil Procedure, 1908. The sample is illustrative and must be adapted to the judgment and current filing requirements.

1. Legal basis for review

Article 137 of the Constitution: Subject to Parliamentary law and rules made under Article 145, the Supreme Court has power to review a judgment pronounced or an order made by it. This is a limited corrective jurisdiction, not a general opportunity to reargue an appeal.

Order XL Rule 1, Supreme Court Rules, 2013: In civil proceedings, review is entertained only on the grounds specified in Order XLVII Rule 1 CPC. In criminal proceedings, the ground is an error apparent on the face of the record. An Advocate-on-Record certificate must confirm that it is the first review application and that it relies on permissible grounds.

Order XL Rule 2: A review petition must ordinarily be filed within 30 days from the judgment or order and clearly state the grounds. Where filing is late, an appropriate application for condonation of delay should accompany it, subject to the Court's determination.

Order XLVII Rule 1 CPC: Review grounds in civil proceedings include discovery of new and important matter or evidence that could not have been produced despite due diligence, a mistake or error apparent on the face of the record, or another sufficient reason recognized by law. Section 114 CPC provides the general statutory review framework; the Supreme Court's own review jurisdiction derives from Article 137 and its Rules.

Section 151 CPC: This provision preserves inherent powers of civil courts. It does not independently enlarge the Supreme Court's review jurisdiction or replace the specific requirements of Article 137 and Order XL of the Supreme Court Rules.

2. What qualifies as a ground for review?

  • Error apparent: An obvious material mistake evident from the existing record without elaborate argument.
  • New and important evidence: Material that could not reasonably have been produced earlier despite due diligence, where applicable in civil review.
  • Other sufficient reason: A legally recognized reason of the kind contemplated by the narrow review jurisdiction.

A review petition is not a second appeal. Mere disagreement with the Court's reasoning or repetition of arguments already decided will ordinarily not suffice.

3. Filing procedure and supporting documents

  1. Identify the exact Supreme Court judgment or order, case number and date.
  2. Prepare precise, numbered review grounds tied to the existing record.
  3. Include the required Advocate-on-Record certificate, appropriate affidavit and supporting documents as applicable.
  4. File within the prescribed 30-day period or include an application addressing delay where necessary.
  5. Follow the current Registry checklist, prescribed filing requirements and applicable e-filing procedure.

Review petitions are generally considered by circulation under the Supreme Court Rules, subject to the applicable rules and directions. An oral hearing should not be assumed.

Official references: Supreme Court Rules and amendments; Supreme Court jurisdiction; Supreme Court e-filing guidance; India Code (CPC and Constitution).

4. Sample review petition format (civil)

The following model preserves the original recruitment and age-relaxation dispute illustration, but organizes it into a clearer court-filing format. Replace all placeholders with verified facts. Do not use illustrative grounds unless they disclose a legally maintainable review error.

IN THE SUPREME COURT OF INDIA
REVIEW JURISDICTION
REVIEW PETITION (CIVIL) NO. _____ OF 20__
IN
CIVIL APPEAL NO. _____ OF 20__
(Arising out of SLP (Civil) No. _____ of 20__, if applicable)

IN THE MATTER OF:

[Full name, age and address of applicant]
... Review Petitioner
VERSUS
[Union of India / authority / other respondent as applicable]
... Respondent(s)

REVIEW PETITION UNDER ARTICLE 137 OF THE CONSTITUTION OF INDIA READ WITH ORDER XL OF THE SUPREME COURT RULES, 2013 AND ORDER XLVII RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908

To
The Hon'ble Chief Justice of India and the Companion Justices of the Supreme Court of India.

The humble petition of the Review Petitioner above named:

MOST RESPECTFULLY SHOWETH:

1. That the present petition seeks review of the judgment/order dated _____ in Civil Appeal No. _____ of 20__, arising from SLP (Civil) No. _____ of 20__, insofar as the judgment contains an error apparent on the face of the record described below.

2. That the respondent authority issued Advertisement No. _____ inviting applications for the post of _____, Post Code _____, with eligibility and age conditions as notified.

3. That the petitioner completed _____ qualification in _____ and applied for the said post within the prescribed time in the _____ category.

4. That the petitioner appeared in the written examination held on _____, obtained _____ marks, and the notified cutoff for the relevant category was _____.

5. That the results and rejection list were published on _____; the petitioner's candidature was rejected on the stated ground of being "over age".

6. That the petitioner challenged the rejection before the Central Administrative Tribunal in O.A. No. _____, where the issue of qualification equivalence and age relaxation was considered. The Tribunal held _____ by order dated _____.

7. That the Tribunal considered the High Court of Delhi judgment in W.P.(C) No. _____ of 20__, which granted specified candidates a one-time opportunity for age relaxation, subject to its exact terms and eligibility conditions.

8. That the Tribunal's order was challenged before the High Court of Delhi in _____; the High Court decided the matter on _____ and directed _____.

9. That Civil Appeal No. _____ of 20__, arising from SLP (Civil) No. _____ of 20__, was thereafter decided by this Hon'ble Court on _____.

10. That the pleadings, orders and material already forming part of the judicial record may be read as part of the present review petition, to the extent permissible.

GROUNDS FOR REVIEW

A. Because paragraph _____ of the judgment records that the petitioner was not a candidate in recruitment year _____, whereas the admitted record at page _____ establishes that the petitioner acquired the relevant qualification in _____ and first became eligible to apply in _____. The precise contradiction and its material effect are _____.

B. Because paragraph _____ proceeds on the premise that the age-relaxation benefit applied only to examination year _____, while the operative wording of the High Court order dated _____ at paragraph _____ expressly states _____. The alleged error is apparent from the quoted operative text and does not require rehearing the merits.

C. Because the judgment overlooks the specific finding of the Tribunal, affirmed by the High Court, concerning equivalence of the qualification _____, as reflected in the existing record at page _____. The materiality of the omission is _____.

11. That the petitioner relies on the above grounds only insofar as they meet the strict requirements for review, and does not seek a fresh appeal on merits.

12. That no earlier review petition seeking review of the same judgment/order has been filed by the petitioner, subject to verification of the record.

13. That this petition is within limitation. [Alternatively, set out the actual delay and refer to the accompanying application for condonation of delay.]

PRAYER

It is therefore respectfully prayed that this Hon'ble Court may be pleased to:

(a) Review the judgment/order dated _____ passed in Civil Appeal No. _____ of 20__ and grant appropriate relief in accordance with law;

(b) Pass such further order(s) as this Hon'ble Court may deem fit and proper in the circumstances.

FILED BY
______________________
Advocate-on-Record for the Review Petitioner

Drawn by: _____
Filed on: _____
Place: New Delhi

VERIFICATION / AFFIDAVIT: Attach the appropriate sworn affidavit and verification, completed in accordance with the applicable Supreme Court filing requirements.

5. Advocate-on-Record certificate

CERTIFICATE

I, _____, Advocate-on-Record for the Review Petitioner, certify that the present petition is the first application for review of the judgment/order dated _____ in _____ and that it is based on grounds admissible under the Supreme Court Rules, 2013.

Place: New Delhi
Date: _____
Signature: _____
Name and AOR Code: _____

Related format: Advocate-on-Record certificate for review petition.

6. Frequently asked questions

Can a review petition be filed merely because the judgment is unfavorable?

No. A review requires one of the narrowly recognized grounds; it is not a substitute for appeal.

What is the normal filing deadline?

Order XL Rule 2 of the Supreme Court Rules prescribes 30 days from the judgment or order sought to be reviewed, subject to applicable law and orders on delay.

Is Order XLVII of the Supreme Court Rules the review provision?

No. The relevant Supreme Court review provisions are in Order XL; Order XLVII Rule 1 CPC supplies the civil review grounds. Order XLVII of the Supreme Court Rules addresses a different subject.

Can a non-party seek review?

In appropriate circumstances, a person directly aggrieved may seek review, subject to standing and procedural requirements. See the Supreme Court's 2023 decision discussing aggrieved persons and review.

Updated: 1 November 2026. This format is educational and must be checked against the latest notified Rules, amendments, Registry directions and facts of the particular matter before filing.