Review petition

After rejection of Review Petition in Supreme Court, you can file a Curative Petition before it. This Curative Petition will first be circulated to the 3 senior most Judges of the Supreme Court as also to the Judges who had originally heard the case. They decide whether there is any ground to proceed further. If they agree to hear the Curative Petition (in the open court), then the advocate can argue this matter in the open court.

Originally posted by : Dr. Ashok Dhamija
	After rejection of Review Petition in Supreme Court, you can file a Curative Petition before it. This Curative Petition will first be circulated to the 3 senior most Judges of the Supreme Court as also to the Judges who had originally heard the case. They decide whether there is any ground to proceed further. If they agree to hear the Curative Petition (in the open court), then the advocate can argue this matter in the open court.

Sir thank you for the wonderful info. So if the curative petition is filed against the review petition rejection then does that mean that the matter is subjudiced in Supreme Court and until the matter is heard the prior judgement is stayed ? I would sincerely appreciate this information.

The prior judgment is NOT stayed automatically. There has to be a specific order from the Court staying the operation of the prior judgment. Usually, when the Judges have agreed to hear the Curative Petition in the open court (i.e., after it has been circulated to them and they have agreed to hear it), they may perhaps specifically order stay of the prior order. However, a specific order is necessary.

Originally posted by : Dr. Ashok Dhamija
	The prior judgment is NOT stayed automatically. There has to be a specific order from the Court staying the operation of the prior judgment. Usually, when the Judges have agreed to hear the Curative Petition in the open court (i.e., after it has been circulated to them and they have agreed to hear it), they may perhaps specifically order stay of the prior order. However, a specific order is necessary.

Sir thank you very much for the info.

if i am not wrong for the above query 

for curative petition there should be specific merit in the case and a sepcific point to argue which the previous bench has not taken the point 

@K.Mahesh:  The Curative Petition option was laid down by a 5-Judge Constitution Bench of the Supreme Court in the case of Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388 : AIR 2002 SC 1771. Detailed procedure for filing of curative petition was laid down in this case, inter alia, including that the curative petition shall contain a certification by a Senior Advocate with regard to the fulfilment of the requirements for filing the curative petition. It was held that except when very strong reasons exist, the Supreme Court should not entertain an application (i.e., curative petition) seeking reconsideration of an order of the Court which has become final on dismissal of a review petition. The Supreme Court held that it is neither advisable nor possible to enumerate all the grounds on which such a curative petition may be entertained. Nevertheless, a petitioner is entitled to relief if he establishes (1) violation of principles of natural justice in that he was not a party to the lis but the judgment adversely affected his interests or, if he was a party to the lis, he was not served with notice of the proceedings and the matter proceeded as if he had notice and (2) where in the proceedings a learned Judge failed to disclose his connection with the subject-matter or the parties giving scope for an apprehension of bias and the judgment adversely affects the petitioner.