Suhas More (ABC) 28 September 2010

SC Procedures

Hi All,

I would like to understand the procedure for appealing against an Ex-partee decree (approved by Family court and appeal against the same disposed off by HC) in the Supreme court. HC disposed off this matter on Aug 17th and till now I have not received any notice from the SC.

1) How lenghtly/ tedious is it for the opposite party to approach the SC in such a case?

2) Will the SC allow the petition to be filed easily and intimate me when they do so? (esp when i have already filed a caveat at SC)?

3) When will a petition filed with SC be visible on its website (in the Case status section)?

4) Can it happen that the opp party approached the SC and the SC rejected their plea without even requiring my/ my lawyer's presence? In such a case will it show on the SC website that the plea was dismissed?

I did be really grateful if you could help me out with answers to my queries.

Thanks, Suhas.

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2 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 28 September 2010

Dear Querist,

It is stated in the query that "HC disposed off this matter on Aug 17th and till now I have not received any notice from the SC". It is not clear from the facts given/query placed before the forum as to whether any aggrieved party has filed SLP in Hon'ble Supreme Court and if so, whether admission hearing has been done and any Notice has been issued in the matter at all. Unless it is brought forth, its really difficult to correctly opine as to why you did not receive any communication from Hon'ble Apex Court. Better, you consult your lawyer already engaged by you.

Secondly, please be advised that its a 90-days limitation before Hon'ble Supreme Court for challenging any HC order.

Thirdly, since you have already filed a caveat in Hon'ble Supreme Court, you would be intimated as soon as any SLP is filed.

Fourthly, the time line within which a data is reflected in respect of a petition filed in Hon'ble Supreme Court in its Courtnic is something you should inquire directly from the Registry. Generally, it is always updated and its nearly daily basis.

Fifthly, its possible that Hon'ble Supreme Court after hearing the Petitioner/his Counsel, may dispose off by giving certain direction or in a given case, if it dismisses the SLP, there is no requirement of your lawyer's presence.

And finally, I am of the view it would be better if you consult your lawyer through whom you have filed Caveat.

Trust this would be fine.

Rabin Majumder

Advocate & Attorney

For Nu.Delhi.Law.Fora.

No. 91, Sh AK Sen Chambers' Block

Supreme Court of India

New Delhi - 110001