Supreme Court Review Petition Format Under Article 137

Review Jurisdiction of the Supreme Court

Article 137 of the Constitution of India empowers the Supreme Court, subject to applicable law and rules made under Article 145, to review a judgment pronounced or an order made by it.

For present filing purposes, review petitions are governed by Part IV, Order XLVII of the Supreme Court Rules, 2013. In a civil proceeding, review is entertained on the grounds recognised by Order XLVII Rule 1 of the Code of Civil Procedure, 1908. In a criminal proceeding, the Supreme Court Rules restrict review to an error apparent on the face of the record.

Constitutional sourceArticle 137 of the Constitution of India.

Supreme Court rulePart IV, Order XLVII, Supreme Court Rules, 2013.

Filing periodOrdinarily within 30 days from the judgment or order sought to be reviewed.

Ordinary mode of disposalBy circulation without oral arguments unless the Court orders otherwise.

Important: A review is not a fresh appeal. It is a narrow remedy directed to review grounds recognised by law. The petition should identify the reviewable error precisely instead of merely repeating arguments already considered.

Grounds for Review in a Civil Proceeding

Order XLVII Rule 1 CPC permits an aggrieved person to seek review, subject to its conditions, where the case involves discovery of new and important matter or evidence that could not, despite due diligence, be produced earlier; a mistake or error apparent on the face of the record; or another legally sufficient reason.

The jurisdiction is limited. A review petition should not be framed as an appeal in disguise or as an attempt to obtain a complete rehearing merely because another view of the case is possible.

Advocate-on-Record Certificate

Order XLVII of the Supreme Court Rules requires the review petition to be accompanied by a certificate of the Advocate-on-Record certifying that it is the first application for review and that it is based on grounds admissible under the Rules.

Filing and Procedure

The Supreme Court Rules state that an application for review must be made by petition, ordinarily filed within 30 days from the date of the judgment or order sought to be reviewed, and must clearly set out the grounds for review.

Unless otherwise ordered, a review petition is disposed of by circulation without oral arguments. Written arguments may supplement the petition. As far as practicable, the matter is circulated to the same Judge or Bench that delivered the judgment or order under review.

If filing is beyond the prescribed period, the case may require an appropriate application seeking condonation of delay. Parties should verify the current Supreme Court Rules, practice directions, filing requirements and e-filing instructions before submission.

Sample Review Petition Format for the Supreme Court of India

The following is a general drafting template for a civil review petition. It must be adapted to the case, the nature of the original proceeding, the applicable Supreme Court Rules and current Registry requirements.

IN THE SUPREME COURT OF INDIA
INHERENT JURISDICTION

(UNDER ARTICLE 137 OF THE CONSTITUTION OF INDIA)

REVIEW PETITION (CIVIL) NO. ____ OF 20__
IN
CIVIL APPEAL NO. ____ OF 20__
(or the appropriate original Supreme Court case number)

IN THE MATTER OF:

[NAME OF REVIEW PETITIONER]
Age: ____ years
S/o / D/o / W/o: ____________________
Address: _____________________________
...REVIEW PETITIONER

VERSUS

[NAME OF RESPONDENT(S)]
Address: _____________________________
...RESPONDENT(S)

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

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

The humble petition of the Review Petitioner above named:

MOST RESPECTFULLY SHOWETH:

That the present Review Petition seeks review of the judgment/order dated __________ passed by this Hon'ble Court in [case title and case number].
That the brief facts necessary for deciding the present Review Petition are that [state the material facts concisely and chronologically].
That the Review Petitioner was [petitioner/appellant/respondent] in the proceedings culminating in the judgment/order sought to be reviewed.
That the present petition is confined to grounds legally permissible in review and does not seek a rehearing of the matter as an appeal.
That an error apparent on the face of the record arises because [identify the precise error and the relevant paragraph/page/record].
That [where applicable] new and important matter or evidence has been discovered which, despite due diligence, was not within the Review Petitioner's knowledge or could not be produced when the judgment/order was made. The circumstances demonstrating due diligence are: __________.
That [set out any other legally sufficient review ground, if applicable, with precise supporting facts].
That failure to review the judgment/order on the above limited grounds would cause [state the material consequence].
That the Review Petitioner has not filed any earlier review petition seeking review of the same judgment/order, save and except as specifically disclosed, if applicable.
That the petition is within the prescribed period. [If delayed, refer to the accompanying application for condonation of delay.]

GROUNDS

A. Because [specific error apparent / permissible review ground].

B. Because [specific material omission or reviewable error].

C. Because [additional permissible ground, if any].

PRAYER

In the premises stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

(a) review and recall/modify, as the case may require, the judgment/order dated __________ passed in [case number] to the extent permissible in law; and

(b) pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the interests of justice.

FILED BY:
_________________________
ADVOCATE-ON-RECORD FOR THE REVIEW PETITIONER

Drawn on: __________
Filed on: __________
New Delhi

ADVOCATE-ON-RECORD CERTIFICATE

I certify that this is the first application for review on behalf of the Review Petitioner in respect of the judgment/order sought to be reviewed and that the petition is based on grounds admissible under the Supreme Court Rules, 2013.

_________________________
ADVOCATE-ON-RECORD

Official Resources

Legal drafting note: This page provides a general format and legal overview. Supreme Court pleadings must be adapted to the particular case and checked against the current Rules, amendments, practice directions, limitation requirements and Registry objections applicable on the date of filing.