Writs & Supreme Court

Civil Appeal to the Supreme Court under Article 133 or 136

A Civil Appeal is the substantive appellate proceeding before the Supreme Court of India against a judgment, decree, or final order of a High Court in a civil matter. It seeks to set aside, modify, or reverse the impugned High Court decision on the basis of a substantial question of law.

This appeal is filed under the Supreme Court's civil appellate jurisdiction. The route to filing is either on a certificate of fitness granted by the High Court under Article 134A read with Article 133 of the Constitution, or after the Supreme Court grants leave on a Special Leave Petition (Civil) under Article 136, whereupon the SLP(C) is converted into a Civil Appeal.

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Governing law
Constitution Arts.133, 134A + SC Rules 2013, Order XXI Rule 3 + Code of Civil Procedure 1908 (as applicable); Art.136 where the appeal arises out of an SLP(C) on which leave was granted
Sections
s. Article 133s. Article 134As. Article 136s. Order XXI Rule 3s. Order XXI Rule 3(1)(a)
Filed before
Supreme Court of India (Civil Appellate Jurisdiction)

When this is the right filing

  • When a High Court has granted a certificate of fitness under Article 134A, certifying that the case involves a substantial question of law of general importance or a question regarding the interpretation of the Constitution under Article 133.
  • When the Supreme Court has granted leave on a Special Leave Petition (Civil) filed under Article 136, and the matter is now to be registered and heard as a full Civil Appeal.
  • When the High Court's judgment suffers from a manifest or gross miscarriage of justice, or its interference with concurrent findings of fact is perverse, raising a substantial question of law.
  • Do NOT use this document for the initial pre-leave stage. For the petition seeking leave from the Supreme Court, use a Special Leave Petition (Civil).

What the court looks for

  • A clear formulation of the substantial question of law of general public importance that arises from the impugned High Court judgment.
  • Grounds that demonstrate a misinterpretation of law, a wrong standard of interference with concurrent findings, or a manifest miscarriage of justice, rather than a mere re-appreciation of facts.
  • A complete paper-book in the prescribed order, including the Synopsis, List of Dates, Memorandum of Appeal with declarations under the Supreme Court Rules, and the certified copy of the impugned order as Annexure A-1.
  • An affidavit in support, sworn by the appellant or an authorized signatory, verifying the facts stated in the appeal.
  • Accompanying applications for condonation of delay and stay of the impugned judgment, if applicable, with specific pleadings for each.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Index
  2. 2Office report on limitation
  3. 3Proforma for first listing
  4. 4Synopsis
  5. 5List of dates & events
  6. 6Question of law
  7. 7Declaration in terms of rule 2(2)
  8. 8Declaration in terms of rule 4
  9. 9Grounds
  10. 10Ground for interim relief
  11. 11Main prayer
  12. 12Prayer for interim relief
  13. 13Certificate
  14. 14Affidavit
  15. 15Appendix-i
  16. 16An application for condonation of delay in filing the civil appeal
  17. 17An application for stay of operation and execution of the impugned judgment
How it opens
In the light of the foregoing, it is respectfully submitted that the Impugned Judgment warrants interference by this Hon'ble Court and it is expedient and necessary in the interest of justice that this Hon'ble Court may graciously be pleased to [relief prayed in short], failing which the Appellant shall suffer irreparable loss and injury.

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between a Civil Appeal filed under Article 133 and one arising out of an SLP under Article 136?

An appeal under Article 133 is filed directly on a certificate of fitness granted by the High Court under Article 134A, certifying a substantial question of law. An appeal arising out of an SLP(C) is the result of the Supreme Court first granting leave on a Special Leave Petition under Article 136, after which the petition is converted and re-numbered as a Civil Appeal.

Can I re-argue the facts of the case in a Civil Appeal to the Supreme Court?

No. A mere re-appreciation of facts is not a valid ground. The appeal must be founded on a substantial question of law. To challenge concurrent findings of fact, you must demonstrate that the findings are perverse or that there has been a gross and manifest miscarriage of justice.

What is the mandatory structure of the paper-book for a Supreme Court Civil Appeal?

The paper-book must follow the prescribed order: Cover Page, Index, Office Report on Limitation, Proforma for First Listing, Synopsis (paginated 'B'), List of Dates, certified copy of the impugned order, the Memorandum of Civil Appeal containing the questions of law, declarations, grounds, and prayers, followed by the Certificate, Affidavit, Appendix, and any accompanying interim applications.

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