Restoration of slp
Gourang M Haldipur
(Querist) 06 December 2015
This query is : Resolved
An SLP(Civil)(D) was filed by my counsel in the Supreme Court in 2009 within time. Unfortunately it was not refiled for 6 years due to my advocate's negligence and the application for condonation of delay in refiling the SLP filed in Feb-2015 was dismissed in chambers by Supreme Court. I changed my lawyer and filed a review petition stating that the SLP was not refiled within time on account of my advocate's negligence. About 25 letters/emails made with my counsel were produced to show that I was diligent in prosecuting the SLP. Application for oral hearing of the review petition was rejected and the review petition was also dismissed.
Whether Review Appeal could be filed against dismissal of the review petition and whether my Counsel will have the opportunity of oral hearing in the said Review Appeal? In short, my SLP was not heard on merits and was dismissed in chambers even before it could be listed for grant of leave in open court.Kindly help and clarify.
R.K Nanda
(Expert) 06 December 2015
u can file curative petition in SC against dismissal of review petition but chances are very remote and it is very expensive also. moreover, like review petition , curative petition is also decided in chambers of justices.
Rajendra K Goyal
(Expert) 06 December 2015
Discuss with senior lawyer and show him case file.
Dr J C Vashista
(Expert) 07 December 2015
Well adevised by experts, I agree.
Gourang M Haldipur
(Querist) 07 December 2015
Dear Sirs-Thank you very very much for your valuable advise.I am grateful to you all. I just seek another valuable advise.As I had a very good case on merits in the SLP (Civil) D filed by earlier counsel in 2009 and the same was dismissed because of my advocate's negligence in refiling the SLP. I preferred a complaint against him to the Bar Council for his negligence.It was a very unfortunate and painful step that I had to take against my own counsel.
As advised by yourselves, I will have to file a Curative Petition. Can I produce a copy of the complaint made to the Bar Council against my previous counsel in the Curative Petition to support my case that the delay in refiling the SLP is not because of my fault but because of the fault of my previous counsel. I understand that some Justices in the Supreme Court are averse to such complaints being produced before them. In fact,my complaint is genuine, supported by documentary evidence and is not frivolous. It is a question of life and death for me because if the delay is not condoned and the SLP is not restored to file, my family including my old mother of 80 years will be on the streets as we will be thrown out of the house in which we are living since the last 80 years and all of us will have to live under the sky.
K.S.Srinivas
(Expert) 11 December 2015
In one case, the SC has held that curative petitions must be rare rather than regular, and be entertained with circumspection. A curative petition must be accompanied by certification by a senior advocate, pointing out substantial grounds for entertaining it. It must be first circulated to a bench of the three senior most judges, and the judges who passed the concerned judgment, if available. Only when a majority of the judges conclude that the matter needs hearing should it be listed — as far as possible, before the same Bench.
T. Kalaiselvan, Advocate
(Expert) 13 December 2015
The views and opinions given by learned experts Mr. Nanda and Mr. Srinivas were really informative.
Now the author being informed about the procedures to be followed, ball is in his court to proceed.
P. Venu
(Expert) 15 December 2015
SLP itself is a discretionary remedy and once the leave has been refused, it is practically impossible to be reinstated. Of course, you may proceed against your advocate if he had been less than professional.
