Writs & Supreme Court

Special Leave Petition (Civil) under Article 136

A Special Leave Petition (Civil) is a petition filed in the Supreme Court of India seeking special permission to appeal against a final judgment, decree, or order of a High Court in a civil matter. It invokes the Supreme Court's discretionary and residual appellate jurisdiction.

This document is filed under Article 136 of the Constitution of India and is governed by the Supreme Court Rules, 2013, specifically Order XXI Rule 3(1)(a) and Form No. 28. It can only be filed through an Advocate-on-Record.

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Governing law
Constitution Art 136 + Supreme Court Rules 2013, Order XXI Rule 3(1)(a), Form No. 28
Sections
s. Article 136s. Order XXI Rule 3(1)(a)s. Rule 2(2)s. Rule 4
Filed before
Supreme Court of India (Civil Appellate Jurisdiction)

When this is the right filing

  • To challenge a final judgment, decree, or final order of a High Court in a civil proceeding.
  • When the High Court has refused to grant a certificate of fitness to appeal to the Supreme Court.
  • When the petitioner seeks to argue that a substantial question of law of general importance or a manifest injustice has occurred.
  • Do not use this petition for criminal orders, including bail refusals; a separate Special Leave Petition (Criminal) is the correct filing for those matters.

What the court looks for

  • A clear statement of substantial questions of law of general importance, framed interrogatively, not a mere re-appreciation of facts.
  • A complete paper-book with an Index, Office Report on Limitation, Listing Proforma, Synopsis, and List of Dates paginated as front-matter.
  • A Declaration under Rule 2(2) confirming that no other SLP has been filed against the same impugned judgment.
  • A Declaration under Rule 4 certifying that all annexures are true copies of the documents on the record of the court below.
  • Grounds that mirror the questions of law and demonstrate how the High Court erred, supported by judicial precedent.

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 special leave petition
  17. 17An application for exemption from filing certified copy of impugned judgment
  18. 18An application for exemption from filing official translation
  19. 19An application for exemption from filing original signed vakalatnama & affidavit
  20. 20Memo of parties (position of the parties)
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 Petitioner shall suffer grave and irreparable loss and injury which cannot be compensated in terms of money.

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between a Civil SLP and a Criminal SLP?

A Civil SLP is filed under Article 136 to challenge a final judgment, decree, or order of a High Court in a civil proceeding. A Criminal SLP is the correct filing for challenging orders in criminal matters, including bail refusals. The two are governed by different parts of the Supreme Court Rules, 2013.

Can new documents be annexed to a Special Leave Petition?

No. Only documents that were already on the record of the court below may be annexed to the paper-book. If a party wishes to introduce new material, a separate interlocutory application seeking permission to place additional documents on record must be filed.

Is a separate facts section required in a Civil SLP?

In filed practice, there is no separate numbered 'Facts' section. The factual narrative is contained within the Synopsis and the List of Dates, which are part of the front-matter of the paper-book.

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