Writs & Supreme Court

Review Petition under Article 137 of the Constitution

A Review Petition is a filing before the Supreme Court of India requesting the court to re-examine its own final judgment or order. It is an exceptional remedy that allows correction of a self-evident error, consideration of newly discovered evidence, or any other analogous sufficient reason.

The petition is filed in the same disposed matter under Article 137 of the Constitution read with Order XLVII of the Supreme Court Rules, 2013. It is not a re-hearing of the case and cannot be used to re-argue the merits.

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Governing law
Constitution Art 137 r/w Order XLVII Supreme Court Rules 2013
Sections
s. Article 137s. Order XLVII Rule 1s. Order XLVII Rule 2s. Order XLVII Rule 3s. Order XLVII Rule 6
Filed before
Supreme Court of India (Review Jurisdiction)

When this is the right filing

  • When there is an error apparent on the face of the record in a Supreme Court judgment or order.
  • When new and important matter or evidence is discovered after the judgment, which was not within the party's knowledge or could not be produced despite due diligence.
  • When any other sufficient reason analogous in gravity to the first two grounds exists.
  • Do not file this petition to seek a re-appreciation of evidence or to argue a competing legal view; a review is not an appeal.

What the court looks for

  • A mandatory certificate from the Advocate-on-Record stating that this is the first review application and that the grounds are admissible under the Rules.
  • Grounds that are strictly confined to an error self-evident from the record, newly discovered evidence, or a reason of analogous gravity, without re-arguing the merits.
  • A clear identification of the precise passage in the judgment containing the alleged error, or a detailed explanation of the new evidence and why it was previously unavailable.
  • An application for condonation of delay if the petition is filed beyond 30 days from the date of the judgment under review.

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. 6Grounds for review
  7. 7Prayer
  8. 8Certificate under order xlvii rule 3
  9. 9Affidavit
  10. 10An application for condonation of delay in filing the review petition
How it opens
The Petitioner most respectfully submits that the Judgment and Final Order dated [impugned date] passed in [original case type] No. [original case no] is liable to be reviewed on the following grounds, each independent of and without prejudice to the others:—

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between a Review Petition and a Curative Petition?

A Review Petition is the first stage of challenging a Supreme Court judgment before the same bench on narrow grounds like an error apparent on the record. A Curative Petition is a subsequent, more limited remedy available only after a review is dismissed, to prevent gross miscarriage of justice.

Is an oral hearing guaranteed in a Review Petition?

Generally, Review Petitions are decided by circulation to the same bench without oral hearing. However, in cases involving a death sentence, an oral hearing before a bench of at least three judges is mandatory.

What happens if the mandatory Advocate-on-Record certificate is not filed?

The certificate under Order XLVII Rule 3 of the Supreme Court Rules, 2013 is mandatory. The Registry will reject a Review Petition filed without this certificate from the Advocate-on-Record.

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