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s gopal chander (Just a Common Man)     13 May 2011

Time limit to review petition at SC

TP (Civil) was filed at SC by the petitoner. The respondent thru advocate, filed counter and for oral hearing on that date, the advocate was not present due to some medical emergency. the SC however without giving opportuity to hear the voice of the reposndent allowed for transfer of petition.

Is it true that the learned judges at SC takes such decisions?

Can a review petition be filed against this? If so the time limit to file the same? Is there any other option other than review petition?

Thanks in advance for your guidance..


 3 Replies

pratik (self working)     13 May 2011


Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     13 May 2011

Dear Querist,


Please note that Hon'ble judges at SC have ample power to decide a matter in TP (Civil). However, it would depend the merits of the case which varies from case to case.


Since Respondent's advocate was not present due to some medical emergency during oral hearing, a Review Petition may not be an ideal option since according to the facts the Respondent's case was not properly presented. However, since Counter Affidavit was on record, the Hon'ble SC must have thought it for deciding the cae on merits.


Its matter of thing how to looking at the things.


For a review, etc, you may choose for an direction and/or clarification or review as well. 30 days is the limitation period withing which you need to take steps. However, your bonafide would be proved if and only if you do not waste any more time and file the appropriate application/petition immediately.


You are however advised to consult your lawyer who was your lawyer at Hon'ble SC or any other lawyer you repose faith in.


Trust this would suffice.


Rabin Majumder


Supreme Court of India

1 Like

s gopal chander (Just a Common Man)     13 May 2011

Dear Shri Rabin

The SC must consider the counter affidavit filed. But do you think that SC Judges  has enough time to go thru the same. If atleast my advocate is present, I can presume that he/she tried to explain and the same went to the deaf ears!!!

If things are going to get decided based on merits on petitioner side, then there is no logic in this activity. Even i can file another petition cooking some stories.

Here this a clear case of not considering the respondents view or opinion..

I hope you got my point.

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