Key Points/ Purpose

• Research suggests a curative petition is a last resort after a review petition is dismissed, seeking to prevent miscarriage of justice.
• It seems likely that the petition must be filed under Order XLVIII of the Supreme Court Rules, 2013, with specific certificates from a Senior Advocate and Advocate on Record.
• The evidence leans toward the petition needing to aver grounds from the review petition, dismissed by circulation, and filed within a reasonable time.

Background
A curative petition is a legal remedy available in India when a review petition against a Supreme Court judgment has been dismissed, offering a final chance to address potential injustices. It is governed by Order XLVIII of the Supreme Court Rules, 2013, and is based on the principle of natural justice, as established in the case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002).

Draft Structure

The petition should include:

• The title and court details: Addressed to the Supreme Court of India.
• Facts of the case: Detailing the original judgment, review petition, and its dismissal.
• Grounds for the petition: Must match those in the review petition and state it was dismissed by circulation.
• Certificates: From a Senior Advocate and Advocate on Record, confirming compliance with legal requirements.
• A prayer: Requesting the court to reconsider the review petition's judgment.

Filing Requirements

• It must be filed within a reasonable time from the review petition's dismissal.
• The petition is circulated to a Bench of three senior-most judges and the judges who passed the original judgment, if available.
• It is typically disposed of by circulation without oral arguments, though written arguments can be submitted.

Detailed Analysis of Drafting a Curative Petition Before the Supreme Court of India Under Order XLVIII of the Supreme Court Rules, 2013

This note provides a comprehensive analysis of drafting a curative petition to be filed before the Supreme Court of India under Order XLVIII of the Supreme Court Rules, 2013, as requested by the user. It expands on the direct answer, incorporating all relevant details from the research process, and is structured to mimic a professional legal article, ensuring a strict superset of the content provided above.

Introduction

A curative petition is a legal remedy available in India, serving as the last resort for seeking redressal from the Supreme Court after a review petition has been dismissed. It is designed to prevent abuse of the court's process and cure gross miscarriage of justice, a concept evolved by the Supreme Court in the landmark case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) 4 SCC 388. Order XLVIII of the Supreme Court Rules, 2013, governs the procedural aspects of filing such petitions, and this note outlines the draft, format, and requirements based on legal sources and judicial precedents.

Legal Framework and Background

• The curative petition is rooted in Article 137 of the Constitution of India, which empowers the Supreme Court to review its judgments or orders.
• The concept was formalized in the Rupa Ashok Hurra case, where the court held that it could reconsider its judgments to prevent abuse of process and ensure justice.
• Order XLVIII of the Supreme Court Rules, 2013, provides for the filing of curative petitions after the dismissal of a review petition.
• A curative petition is typically filed when the review petition was dismissed by circulation, not by an open court hearing.
• It must be supported by specific averments and certifications.

Drafting the Curative Petition: Structure and Content

Based on research, the draft curative petition follows a standard legal format, tailored to meet the requirements of Order XLVIII. Below is a detailed breakdown of its components:

Title and Heading

• The petition is titled "Curative Petition under Order XLVIII of the Supreme Court Rules, 2013."
• It is addressed to the Supreme Court of India, with a case number to be filled (e.g., Curative Petition No. [To be filled] of 2025).
• This reflects the formal structure required for Supreme Court filings.

Parties

• The petition lists the Petitioner(s) and Respondent(s), ensuring clarity on the parties involved in the original and review proceedings.

Content Points: The petition must include:

• Background and Facts:
  • A brief summary of the original case, including the nature of the dispute, the judgment or order challenged, and the outcome of the Special Leave Petition or appeal.
  • Details of the filing and dismissal of the review petition, emphasizing that it was dismissed by circulation.
     
• Grounds for Curative Petition:
  • The petitioner must specifically aver that the grounds mentioned in the curative petition were also taken in the review petition, as required by Order XLVIII, Rule 2(1).
  • These grounds should demonstrate a gross miscarriage of justice, such as:
    • Violation of natural justice
    • Error apparent on the face of the record
    • Abuse of process
  • If the review petition's dismissal by circulation denied a fair hearing, this must be highlighted.
     
• Compliance with Order XLVIII:
  • The petition must state it is filed within a reasonable time from the review petition's dismissal, as per Order XLVIII, Rule 3.
  • Research suggests this is typically within 30 days, though "reasonable time" allows flexibility based on circumstances.
     
• Certificates: As per Order XLVIII, Rule 2(2) and (3), the petition must be accompanied by:
  • A certificate from a Senior Advocate, certifying that the petition meets the requirements as per Rupa Ashok Hurra (2002), ensuring it is not frivolous or vexatious.
  • A certificate from the Advocate on Record, confirming that it is the first curative petition in the impugned matter, preventing multiple filings.
     
• Prayer:
  • The prayer section requests the court to admit the petition, reconsider the judgment/order passed in the review petition, and grant any other relief deemed fit.
  • Ensures flexibility in judicial discretion.
     
• Verification:
  • The petition must include a verification clause, sworn by the petitioner.
  • Must affirm the truth of the contents, including details like name, place, and date of verification.
     
• Procedural Requirements and Filing: Filing before the Supreme Court requires adherence to the Supreme Court Rules, 2013, which mandate:
  • Filing through an Advocate-on-Record, as per the rules governing representation.
  • Payment of court fees, which vary based on the nature of the application.
  • Attachment of necessary documents, such as:
    • The order dismissing the review petition
    • The original judgment
    • Any correspondence related to the case
  • Circulation of the petition to a Bench of three senior-most judges and the judges who passed the complained judgment, if available, as per Order XLVIII, Rule 5.
  • The petition is typically disposed of by circulation without oral arguments, but the petitioner may supplement with written arguments, as per Rule 6.
     
• Key Requirements and Pre-Conditions:
  • Order XLVIII, as detailed in the Supreme Court Rules 2013, specifies the following:
    • The petition must be governed by the Rupa Ashok Hurra judgment, ensuring compliance with the limited grounds for reconsideration.
    • It must be filed within a reasonable time, with no strict timeline but typically within 30 days.
  • The Court may impose exemplary costs if the petition is found meritless and vexatious, as per Rule 8, emphasizing the need for substantive grounds.

Requirement	Details
Governing Judgment	Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) 4 SCC 388
Grounds	Must be same as review petition, dismissed by circulation
Certificates	Senior Advocate (compliance with Rupa Ashok Hurra), Advocate on Record (first petition)
Filing Time	Within reasonable time, typically within 30 days from review dismissal
Circulation	To Bench of three senior-most judges and original judges, if available
Disposal	By circulation, without oral arguments, but written arguments allowed
Costs	Exemplary costs possible if petition is meritless and vexatious

This table summarizes the procedural and substantive requirements, ensuring clarity for users drafting the petition.

Practical Implications and Challenges
Drafting the petition requires customization with specific details, such as names, dates, and detailed grounds, to ensure accuracy. The research also noted the importance of urgency, though not explicitly included in the draft, which could be relevant in certain cases. Additionally, the requirement for the review petition to be dismissed by circulation, rather than open court, is a critical pre-condition, as highlighted on Curative Petition - Wikipedia, which might be an unexpected detail for users unfamiliar with the distinction.

The Supreme Court's approach, as seen in cases tracked by Curative Petitions: Court in Review - Supreme Court Observer, emphasizes limited judicial scrutiny at the curative stage, focusing on preventing abuse of process, which should be reflected in the petition's content.

Comparative Analysis with Review Petitions
While review petitions are governed by Order XL of the Supreme Court Rules, 2013, and can be filed on grounds like error apparent on the face of the record, curative petitions are more restrictive, requiring prior dismissal by circulation and specific certifications. This distinction is crucial, as users might confuse the two, expecting similar procedures, which adds complexity to the drafting process.

Conclusion
This note provides a detailed guide for drafting a curative petition under Order XLVIII before the Supreme Court of India, addressing both the content and procedural aspects. The draft, while general, can be customized for specific cases, with legal advice recommended for complex scenarios. The requirement for the review petition to be dismissed by circulation and the need for Senior Advocate certification are key details, ensuring compliance with the legal framework as of March 22, 2025.

Key Citations:

• Curative Petition - Wikipedia: https://en.wikipedia.org/wiki/Curative_petition
• Jurisdiction | Supreme Court of India | India
• Curative Petition: Background and Procedure
• Curative Petition - Drishti Judiciary: https://www.drishtiias.com/daily-updates/daily-news-editorials/curative-petition
• Curative Petition in India
• Curative Petition - Inherent Jurisdiction of the Supreme Court - iPleaders: https://blog.ipleaders.in/curative-petition-inherent-jurisdiction-of-the-supreme-court/
• Curative Petitions: Court in Review - Supreme Court Observer: https://www.scobserver.in/journal/curative-petitions-court-in-review/
• Supreme Court Rules 2013 - Order XLVIII | Order 48
• Order XLVIII Curative Petition | Order XLVIII Of Supreme Court Rules 2013