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Nirmal Joseph (Medical Practice)     19 July 2010


Whether certificate of fitness is required for SLP?

If required what are the procedures?


 7 Replies



as per my knowledge SLP means special leave petition.

this petition has to be filed before high court.

if any agreeved paty want to appeal before the supreme court he cant appeal directly as he appealed before high court.

he has to file an application before the high court and get an order of slp

then with that slp he file appeal before SC.

Amit Gupta (Advocate)     19 July 2010

@ shrikant.

sorry bt u r mistaken.

special leave petition is under article 139 of constitution and it is filed before Supreme court.

if any agrived party want to challange order of high court in which no fitness certifiacte is granted by the high court thn u can directly file slp. if ur SLP is allowd thn thn ur SLP will b converted into apeal and the matter will b heared and decided. SLP are heard on monday and friday in supreme court and 95 % of the slp gets dismissed.

Nirmal Joseph (Medical Practice)     19 July 2010

Hallo Mr. Amit

What is certificate of fitness?
How to get it?



yes i too agree most of SLP was dismissed in a fraction of secounds


Just an add on Que concernign SLP (Crl.) where two petitioners are there as party in person.

Que.: Is it necessary for both petitioners to appear before Lordship(s) at appearance stage or petitioner 1 can appear and P 2 is not necessary to appear?


Amit Gupta (Advocate)     20 July 2010

@  nirmal- certificate of fitness- when high court itself finds that in the case a question of law or general importance arises and the case is fit for filing appeal before honable supreme court. but in practice it is like 99.99% that the high court does not grants a certificate.

@ Dr. Arun - in normal cases where advocate is engaged presence of party is not nessessory bt in a case where the case has been filed by party in person, in my opinion both must present becase the other party can not act on behalf of other petitioner. practically it is normally one of the petitioner is allowed to argu and other is nt allowed, bt depends on the case and mood of the court.


Dear Amit Ji

I appreciate your views. you have good knoledge of the procedure of supreme court.

But I am facing a problem in relation slp kindly guide

The fact is I have file a counter in a slp before registrar in which Hon'ble court granted stay to the impugned judgement of high court.When the matter was listed before registrar no one appeared onbehalf of petitioner and neither despite of last oppertunity granted by registrar they have taken any step to serve notice to other respondents. Registrar mentioning this fact in his order order to office for listing before chamber with report of default of petitioner.

This order was passed at six months before but still matter is not listing before chamer,  the petitioner is enjoying the stay order . No body is ready to listen there what should I do whether I should mention it before CJ but as per latest order of CJ I can't mention it before CJ. Please note in the meanwhile i also filed an application for vacating the order stating the above fact as well as that petitioner is altering the property.

Please guide us

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