Manish Sharma (Consultant) 23 November 2011

Sc slp with delay condonation

Hello Counsels,

For our case, the opposite party may file SLP in SC against HC order, with request for condonation of delay of 580 days over and above the limitation period of 90 days.

In case, we do not have a caveat, will the Judge still call us for hearing on dismissal/acceptance of the SLP, as the SC Guide 1966 on chapter 16 -"Appeals by Special Leave", article 10, page 50 says:

10. (1) Unless a caveat as prescribed by rule 2 of Order XVIII has been lodged by the other parties, who appeared in the court below, petitions for grant of special leave shall be put up for hearing ex-parte, but the court if it thinks fit, may direct issue of notice to the respondent and adjourn the hearing of the petition:

Provided that where a petition for special leave has been filed beyond the period of limitation prescribed therefor and is accompanied by an application for condonation of delay, the court shall noy condone the delay without notice to the respondent.

Eagerly waiting for your suggestions.
Thanks and Regards,
Manish Sharma

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3 Replies

unique horn (self) 23 November 2011

No, SLP will not be numbered without Notice to you.

In my veiw the Petition will be dismissed without numbering if they didnt have a strong reason of delay.

And Caveat will be filed to stop the petitioner from getting any interim order without notice.

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Manish Sharma (Consultant) 23 November 2011

Thanks Sir.

My further queries:

1) In such case that we will anyway be informed if they file SLP, will the direct dismissal of the SLP also wait for our response on the notice or it can directly be dismissed? Or will the court still hear us and take decision based on that ?

2) If we do not file caveat, and we get a notice that they have filed the SLP, will we also get a copy of documents they have submitted to support the SLP.

-Will we be given a fair chance to respond to that.

-Will that go on as a normal hearing or just a hearing to decide acceptance/dismissal of the SLP.

3) If we still file a caveat now, will the court anyway call us for hearing, even if it decides to dismiss the case directly.

Too many queries, I know. Your support will really be helpful.

Thanks,

Manish Sharma

unique horn (self) 24 November 2011

SLP - Special Leave Petition.

The order of any High court is the final one. No appeal shall be allowed directly to supreme court. The only way to make an appeal is by filing SLP that is praying for a Special Leave in the Supreme court.

The Supreme court will admit the case (SLP) even without notice to the other party OR Order the petitioner to issue notice to other party and that there objection for granding Special Leave. Provided as you mention no Special Leave will be granted without notice to the other party if any Limitation arise.

1) In your case no Leave will be granted without notice to you (since of delay). The SC has the power the dismiss the petition even without informing you. (ALMOST 70% OF SLP PETITIONS ARE DISMISSED WITHOUT NOTICE)

2) All the copy of Docoument will be send by the court to each respondent.

3) No, dismissing to petition is on the grounds of the case, it doesnt look wheather caveat filled or not. If they feel no merit in the case they will dismiss without notice to you.