Supreme Court Rules 2013 / Order XLVIII

Order XLVIII - Curative Petition in the Supreme Court of India

A curative petition is an exceptional remedy through which the Supreme Court of India may reconsider its own final judgment after a review petition has been disposed of, to prevent a grave miscarriage of justice or abuse of its process. It is not a regular appeal or a second review. The governing provisions are Order XLVIII of the Supreme Court Rules, 2013 and the Constitution Bench decision in Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388.

Constitutional basis and grounds

Article 137 concerns the Supreme Court's power of review; Article 145 authorises rules regulating its practice and procedure. The Court has explained that its exceptional curative jurisdiction derives from its inherent powers, particularly Articles 129 and 142. Recognised examples include a serious breach of natural justice, such as an affected person not being heard, and undisclosed judicial connection creating a reasonable apprehension of bias. These are illustrative, not an unrestricted opportunity to reargue a decided case.

Filing requirements under Order XLVIII

The Rules require a specific statement that the grounds were raised in review and the review was dismissed by circulation, certification by a Senior Advocate, and a certificate from the Advocate-on-Record that this is the first curative petition in the matter. The petition must be filed within a reasonable time after the order on review; no fixed number of days is prescribed by Rule 3.

In Brahmaputra Concrete Pipe Industries v. Assam State Electricity Board (26 February 2024), the Supreme Court clarified that a review dismissed after an open-court hearing does not empower the Registry itself to reject a curative petition solely for absence of the circulation averment. An application seeking dispensation of that requirement and consideration by the Chamber Judge is the appropriate procedural route. Maintainability is ultimately a judicial question.

Order XLVIII: Rules 1 to 4 explained

Rule 1 - Governing judgment

1. Curative Petitions shall be governed by Judgment of the Court dated 10th April, 2002 delivered in the case of 'Rupa Ashok Hurrah v. Ashok Hurrah and Ors. in Writ Petition (C) No. 509 of 1997.

Rule 2(1) - Review averment

2. (1) The petitioner, in the curative petition, shall aver specifically that the grounds mentioned therein had been taken in the Review Petition and that it was dismissed by circulation.

Rule 2(2) - Senior Advocate certificate

(2) A Curative Petition shall be accompanied by a certificate of the Senior Advocate that the petition meets the requirements delineated in the above case.

Rule 2(3) - Advocate-on-Record certificate

(3) A curative petition shall be accompanied by a certificate of the Advocate on Record to the effect that it is the first curative petition in the impugned matter.

Rule 3 - Reasonable time

3. The Curative Petition shall be filed within reasonable time from the date of Judgment or Order passed in the Review Petition.

Rule 4(1) - Initial circulation

4. (1) The curative petition shall be first circulated to a Bench of the three senior-most judges and the judges who passed the judgment complained of, if available.

Rule 4(2) - Written consideration

(2) Unless otherwise ordered by the Court, a curative petition shall be disposed of by circulation without any oral arguments but the petitioner may supplement his petition by additional written arguments.

Rule 4(3) - Hearing on majority decision

(3) If the Bench before which a curative petition was circulated concludes by a majority that the matter needs hearing then it shall be listed before the same Bench, as far as possible.

Rule 4(4) - Exemplary costs

(4) If the Court, at any stage, comes to the conclusion that the petition is without any merit and vexatious, it may impose exemplary costs on the petitioner.

What happens after filing?

Verify the outcome of the review petition, identify a qualifying exceptional defect and prepare the petition with relevant orders and supporting documents.
Obtain the Senior Advocate and Advocate-on-Record certificates required by Rule 2 and address the requirement of reasonable time.
The petition is ordinarily circulated to the three senior-most judges and the judges who delivered the challenged judgment, if available.
Unless otherwise ordered, it is decided without oral argument. If a majority concludes that a hearing is required, it is listed before the same Bench as far as possible. A frivolous and vexatious petition may attract exemplary costs.

Important judgments and official resources

Brahmaputra Concrete Pipe Industries (Supreme Court judgment, 2024) - registration objections, open-court review dismissals and the judicial determination of maintainability.
Surendra Koli v. State of Uttar Pradesh (Supreme Court judgment, 2025) - the narrow scope of curative jurisdiction and the finality of judgments.
Supreme Court of India - official court website, rules, case status and filing information.
India Code - authoritative legislation and constitutional materials.

This guide explains the Rules and leading judicial interpretation. The Court's applicable practice directions and current filing requirements should also be checked before submission.