Supreme Court | Civil Appellate Jurisdiction

Special Leave Petition (Civil) Format under Article 136

A clean, editable specimen for preparing a civil Special Leave Petition before the Supreme Court of India, structured around Form No. 28 under Order XXI Rule 3(1)(a) of the Supreme Court Rules, 2013, as amended.

SLP under Article 136: current legal framework

Article 136 of the Constitution of India empowers the Supreme Court, in its discretion, to grant special leave to appeal from judgments, decrees, determinations, sentences or orders of courts and tribunals within India, subject to the constitutional exception concerning courts or tribunals constituted by or under laws relating to the Armed Forces.

For a civil SLP, Order XXI of the Supreme Court Rules, 2013 governs the filing framework. Rule 3(1)(a) requires the petition seeking special leave under Article 136 to be in Form No. 28. The Rule also provides that a separate application for interim relief is not required where the interim prayer is incorporated in Form No. 28. A chronological list of dates and relevant material events is also required.

Limitation: Order XXI Rule 1 generally prescribes 60 days where a certificate of fitness to appeal was refused by the High Court, and 90 days from the judgment or order sought to be appealed from in other cases, subject to the applicable provisions of the Limitation Act, 1963. Always verify limitation on the facts of the particular case and check the current Supreme Court Rules and filing requirements before filing.
  • Use Form No. 28 as the core structure for a civil SLP.
  • State the questions of law precisely and separately.
  • Include the declarations required by the Rules.
  • Confine the SLP to the pleadings and record before the court or tribunal below unless leave is obtained for additional material.
  • Attach and index the relevant documents in chronological order and comply with current Registry requirements.

Specimen Civil SLP Format

This specimen preserves the important sections of Form No. 28 while replacing case-specific material with neutral placeholders. It should be adapted to the record, reliefs and procedural history of the particular case.

IN THE SUPREME COURT OF INDIA

[S.C.R., Order XXI Rule 3(1)(a)]

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION

(Under Article 136 of the Constitution of India)

S.L.P. (Civil) No. ________ of 20__

Synopsis and List of Dates

Set out a concise synopsis explaining the nature of the dispute, the findings in the impugned judgment or order, the principal errors alleged, and why the case warrants exercise of the Supreme Court's discretionary jurisdiction under Article 136.

DateEvent
__.__.20__Material event / proceeding.
__.__.20__Order or judgment passed by the court / tribunal below.
__.__.20__Impugned final judgment / order.
__.__.20__Hence the present Special Leave Petition.

Between / Position of Parties

Party Before Court / Tribunal Below Before Supreme Court
[Name of Petitioner] Petitioner / Respondent / Appellant Petitioner
[Name of Respondent] Petitioner / Respondent / Appellant Respondent

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

The Special Leave Petition of the Petitioner most respectfully showeth:

1. The Petitioner respectfully seeks special leave to appeal against the judgment / order dated __.__.20__ passed by the Hon'ble [High Court / Court / Tribunal] in [case number and title], whereby [briefly state the operative result of the impugned judgment or order].

2. Questions of Law

A. Whether, in the facts and circumstances of the case, the court / tribunal below erred in law in ________?

B. Whether the impugned judgment / order is sustainable where ________?

C. Whether the findings recorded are contrary to ________ and the settled principles governing ________?

3. Declaration in Terms of Rule 3(2)

The Petitioner states that no other petition seeking leave to appeal has been filed by the Petitioner against the impugned judgment and order, except as specifically disclosed here, if applicable.

4. Declaration in Terms of Rule 5

The annexures produced along with the SLP are true copies of the pleadings / documents which formed part of the record of the case before the court / tribunal below against whose order leave to appeal is sought, subject to any application that may be required for additional documents.

5. Grounds

A. Because the impugned judgment / order suffers from an error of law inasmuch as ________.

B. Because the material findings are contrary to the record and fail to consider ________.

C. Because the court / tribunal below failed to apply the governing statutory provision / binding precedent, namely ________.

D. Because the impugned decision results in manifest injustice and calls for interference under Article 136 for the reasons set out above.

6. Grounds for Interim Relief

State briefly the urgency, prima facie case, balance of convenience, irreparable injury and any other case-specific reason supporting interim protection pending disposal of the SLP.

7. Main Prayer

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

(a) grant Special Leave to Appeal against the final judgment / order dated __.__.20__ passed by the Hon'ble [Court / Tribunal] in [case number]; and

(b) 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.

8. Interim Relief

Pending hearing and final disposal of the present Special Leave Petition, it is most respectfully prayed that this Hon'ble Court may be pleased to:

(a) stay the operation / implementation / execution of the impugned judgment or order dated __.__.20__; and/or

(b) pass such other interim order(s) as may be necessary in the interests of justice.

Place: New Delhi
Date: __.__.20__

Advocate for the Petitioner

Settled by: ____________________
Specify the name of the advocate where the petition is settled by an advocate.

Practical filing notes

The Supreme Court's official Rules should be read together with the current Registry practice, filing checklist, applicable court-fee requirements and e-filing instructions. Form No. 28 is the prescribed core form for a civil SLP, but the complete filing may also require supporting documents, affidavit(s), applications and other papers depending on the facts and procedural position of the case.

Order XXI Rule 3 requires a chronological list of dates and regulates the material that may accompany the petition. The Rule also requires the petition to be supported by affidavit. Where a document was not part of the record below, the applicable procedure for seeking leave to produce additional material should be followed rather than treating the specimen format as authority to add new evidence automatically.

Official Supreme Court links

Use the official Supreme Court of India website for the current rules, forms, filing tools and procedural updates:

Important: This page is a drafting aid and general legal-information resource. The current Supreme Court Rules, amendments, Registry directions and the facts of the individual matter should be checked before filing. Where there is any inconsistency, the official Rules, prescribed forms and directions of the Supreme Court of India prevail.