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Review Petition to Supreme Court under Article 137 of the Constitution of India read with Order XLVII of Supreme Court Rules, Order 47 Rule 1 of CPC and Section 151 of CPC.

Format of Review Petition under Article 137 of Constitution of India to Supreme Court,  format download.

Article 137 of the Constitution has provision for Review of judgments or orders by the Supreme Court Subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.

 

The Review Petition Can be filed under XLVII of Supreme Court Rules 2013, which read as follows:

1. The Court may review its judgment or order, but no application for review will be entertained in a civil proceeding except on the ground mentioned in Order XLVII, rule 1 of the Code, and in a criminal proceeding except on the ground of an error apparent on the face of the record.

The application for review shall be accompanied by a certificate of the Advocate on Record certifying that it is the first application for review and is based on the grounds admissible under the Rules.

2. An application for review shall be by a petition, and shall be filed within thirty days from the date of the judgment or order sought to be reviewed. It shall set out clearly the grounds for review.

Sample format of Review Petition to Supreme Court under Article 137 of Constitution is given below:

 

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
(UNDER ARTICLE 137 OF THE CONSTITUTION OF INDIA)

REVIEW PETITION (CIVIL) NO. OF 20__
IN
CIVIL APPEAL No. _____ OF 20__
(Arising out of Special Leave Petition (c) No(s) ____/20__)

(Arising out of the Impugned Judgment/ Order dated _____; passed in Civil Appeal No. ____ of 20__ (Arising out of Special Leave Petition (c) No(s) ___/20__) by this Hon'ble Court)

IN THE MATTER OF:

POSITION OF PARTIES
                                                        This Court         This Court
______                                             RESPONDENT    PETITIONER
AGED ABOUT __ YEARS
S/O ______
R/O HOUSE NO. __,
NEW DELHI

VERSUS

UNION OF INDIA                             PETITIONER         RESPONDENT

REVIEW PETITION UNDER ARTICLE 137 OF CONSTITUTION OF INDIA, PART IV, ORDER XLVII OF SUPREME COURT RULES, 2013 AND UNDER ORDER 47 RULE 1 OF CPC AND SECTION 151 OF CPC FOR REVIEW OF ORDER DATED _____

To
The Hon'ble Chief Justice of India
And his brother Judges of the
Hon'ble Supreme Court of India

The humble petition of the Petitioner above named:

MOST RESPECTFULLY SHOWETH:
1. That the Respondent have published an advertisement No. ___/20__ inviting applications for _____ under Post Code __/20__.

2. The Petitioner completed __________ in the year ___, as such he being eligible as per the above said advertisement for the Post of _________ within prescribed time, as un-reserved category candidate.

3. That the petitioner appeared in the Written Examination held on __________ and got _________ Marks. The Cut off mark for General Category was __.

4. That the Respondents published result of the examination on _______ and recommended candidates for appointment in ______.

5. That on the same date a reject list was published and the name of the Petitioner was placed in the list with a reason "over age".

6. That the Petitioner approached the Central Administrative Tribunal. The Respondents contended in CAT that the relaxation was only for ___ course. The CAT held that it is not disputed by the respondents that the said ____________ completed by the applicant in ___ is equivalent to Certificate Course in _____.

7. That OA of Petitioner was allowed by CAT considering the age relaxation benefit granted to some other candidates by the Hon'ble High Court of Delhi in Writ Petition (C) No. ____ of 20__ titled ____________ & Ors Vs. _____ & Ors where in the Hon'ble High Court directed that all the candidates who have completed ______ Course during 20__ or 20__ or 20__ be given age relaxation as one time measure upto __ years.

8. That ____ filed Appeal with the Hon'ble High Court of Delhi against the order of CAT. The Hon'ble High Court upheld the order of the CAT and directed the Respondents to comply with the order of the Central Administrative Tribunal.

9. That the Respondent has filed the Civil Appeal No (s) _____ of 20__ arising out of Special Leave Petition (Civil) No. ___ of 20__ before this Hon'ble Court and the same was allowed vide order dated ____.

10. That the Petitioner craves leave of this Hon'ble Court to refer and rely on the Civil Appeal (arising out of Special Leave Petition) as the contents thereof (including facts and grounds) are not being reproduced here for the sake of brevity.

11. That the Petitioner through this petition seeks to raise the following points which escaped the attention of this Hon'ble Court:

A. That this Hon'ble court erred in its observation that "The respondent herein was not the candidate in the recruitment to the said post in the year __. On the contrary, he applied for the post pursuant to the advertisement published in 20__" in Para __ of its Judgment dated _____, by not appreciating that the respondent has completed his course in ____ only, hence it was impossible for him to apply for the post in __ and the first chance he got to apply for the post was on __, for which he was eligible as per the Judgment of the Division Bench of Honorable High Court of Delhi in Writ Petition (C) ___ of 20__ in ____ & Ors, due to which a grave error has committed and the Petitioner lost his first and single chance to be considered for the post of Primary Teacher (MCD).

B. That this Hon'ble Court erred in its observation that "Thus, this was one time relaxation given for the examination which was to be conducted in __, in order to ameliorate the hardship" in para 10 of the Judgment dated ___ by not appreciating that this relaxation was not only for ___ but also for subsequent years in which the eligible candidates can utilize their one time relaxation opportunity.

C. That this Hon'ble Court erred not in appreciating that the Judgment dated ______ passed by the Division Bench of Honorable High Court of Delhi in Writ Petition No_____ of 20__ in ____ & Ors vs. ___ & Ors wherein the High Court directed to the Respondents would permit all those candidates who have completed the ___ Course either in the year 20__ or 20__ or 20__ to appear in the examination conducted by the Respondents for the Post of ________ once each of respondents i.e. _____ provided they do not exceed the upper age limit of __ years for males and __ years for females and also fulfill all other eligibility conditions. This order was applicable to the candidates who have completed the course in 20__ or 20__ or 20__ to appear for Examination conducted in subsequent years till the age of __ years and till they utilize their first chance to appear for the examination, which may be in 20__, 20__, 20__ or subsequent years. Extracts of Para __ of the order of Hon'ble High Court:

12. That the candidature of the petitioner was rejected by not appreciating the order of Central Administrative Tribunal which held that the qualification of the petitioner is equivalent to __. The order of CAT was upheld by the Hon'ble High Court of Delhi.

13. That the petitioner states that no other petition seeking review of the impugned Judgment/ order dated ___ in Civil Appeal No. ___ of 20__ arising out of Special Leave Petition (Civil) No. ____ of ___ has been filed by him.

PRAYER
It is, therefore, most respectfully prayed that your lordships may be pleased to:

(i) Review the Judgment / order dated _____ passed in Civil Appeal No. ___ of ___ arising out of Special Leave Petition (Civil) No. ___ of __, and/or;

(ii) Pass such other order or orders as this Hon'ble Court may deem fit and proper.

FILED BY:
_________________________
COUNSEL FOR THE PETITIONERS

Drawn by: ______
Filed on: _____

New Delhi

 

GROUNDS FOR FILING REVIEW PETITION

As per Rule 1 Order XLVII of Code of Civil Procedure 1908 "Application for review of judgment"

(1) Any person considering himself aggrieved-

(a) by a decree or order from which an appeal is allowed, but from no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed, or

(c) by a decision on a reference from a Court of Small Causes,

and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order.



(2) A party who is not appealing from a decree or order may apply for a review of judgment notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, he can present to the Appellate Court the case on which he applies for the review.


 

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