The Justice Law PartnersBefore You File an SLP: Prepare the Record, Identify the Error and Protect the Deadline
In this guide
An adverse judgment creates two different questions: whether a further challenge is legally available, and whether there is a sound reason to pursue it. They should be answered before the petition is drafted, not after the filing expense has been incurred.
The useful first instruction is not “take this to the Supreme Court.” It is: “Please assess this order, the record on which it was made, the available remedy and the time within which I must act.”
Start with the order, not the entire history of the dispute
Prepare a one-page instruction note containing:
- The court, case number, parties and date of the order proposed to be challenged.
- What the order actually requires, permits or refuses.
- The immediate consequence: recovery, eviction, custody, arrest, demolition, loss of employment or another identified risk.
- Any hearing, compliance date or other event that cannot wait.
- Every earlier appeal, review, SLP or connected proceeding, including an unsuccessful one.
Attach the complete order. A screenshot of its final paragraph may conceal a qualification, undertaking or finding that changes the assessment.
Separate what has happened from what you fear may happen. Where the date or fact is uncertain, mark it as uncertain. Counsel needs a reliable account, not a more forceful version of an incomplete one.
An SLP is not simply another appeal on demand
A petition under Article 136 seeks the Court’s discretionary permission to appeal. The proposed challenge must explain why intervention is justified; dissatisfaction with the result is not itself the argument.
Ask counsel to distinguish a possible error in law or procedure from an invitation merely to reconsider the same factual dispute. Neither a lengthy petition nor a large number of grounds cures a weak explanation of the error.
The Supreme Court Rules, particularly Orders XXI and XXII, govern civil and criminal SLP procedure respectively. The applicable Rules, amendments and filing directions must be checked for the particular proceeding.
Protect the deadline before perfecting the bundle
Give counsel the judgment date, copy-application and copy-ready details, relevant service dates and the dates of any review or other challenge. Preserve the supporting receipts and orders.
Do not calculate the last date from the day you first consult a lawyer. Do not assume that pursuing review, requesting papers or discussing settlement automatically protects the proposed Supreme Court challenge. Ask for a written calculation identifying the starting point, exclusions and any delay requiring explanation.
This guide deliberately does not offer one filing period for every case. Classification, procedural history and the applicable provisions matter. If time may already have expired, disclose that immediately rather than postponing the consultation until the documents are complete.
Build a usable review bundle
Organise the initial papers in five folders, with a short index:
| Folder | What it should contain | Why it matters |
|---|---|---|
| 01 — Orders | Complete impugned order and connected orders | Establishes what is being challenged and its present operation |
| 02 — Pleadings | Petitions, replies, written submissions and relevant applications below | Shows what was actually put before the deciding court |
| 03 — Evidence and annexures | Relevant documents with original pagination preserved | Allows each proposed contention to be checked against the record |
| 04 — Procedural history | Filing dates, service, copy applications, prior challenges and undertakings | Supports the assessment of timing and procedural obstacles |
| 05 — Instructions | Chronology, proposed questions, urgency and missing-paper list | Identifies what counsel must resolve before settling the petition |
Keep the original filenames and an untouched set of scans. Make a separate working copy for annotations. Check that reverse pages, schedules, signatures and annexure numbers have not disappeared during scanning.
Do not insert a newly obtained document into the historical record as though it had been produced below. Identify when it was obtained, what it proves and whether it was previously filed. Counsel must consider whether permission is required to introduce it.
Use an error-to-record worksheet
For each proposed ground, complete four short entries:
- Finding challenged: the paragraph of the order containing it.
- Problem identified: the alleged legal, procedural or evidentiary error.
- Record reference: the pleading, order or document supporting the objection.
- Material consequence: how correcting that error could affect the result or relief.
For example, “the Court ignored my documents” is an accusation, not yet a useful ground. Identify the document, establish that it was on the record, locate the relevant finding and explain why the document matters to that finding. Leave counsel to assess whether the omission provides a legally sustainable ground.
An equally important worksheet lists the difficulties: adverse admissions, concurrent findings, delay, undertakings, missing documents and earlier unsuccessful applications. A proper assessment must address those matters rather than discover them in the respondent’s papers.
Keep interim protection separate from the final challenge
State precisely what needs to be prevented or preserved, by when, and on what supporting material. Include every interim order and condition already imposed.
Do not proceed on the assumption that filing an SLP protects you from the operation of the order under challenge. Obtain advice on the current obligation and the separate relief, if any, that should be requested. A diary number is not an order granting protection.
Agree responsibilities before filing
Ask who will settle the petition, act as Advocate-on-Record, address Registry defects and communicate hearing developments. If additional counsel is proposed, clarify that arrangement and its cost.
The engagement discussion should identify what the initial fee covers, possible additional work and expenses, the document-sharing method and the person responsible for giving instructions. Disclose any existing lawyer or AOR engagement; do not arrange overlapping filings without resolving the professional and procedural position.
After filing, keep a control sheet recording the filing or diary number, defects communicated, action required, listing information, each order and the next obligation. Verify case status through the official Supreme Court services, while obtaining counsel’s explanation of what the entry means for your case.
The first consultation should end with a decision, not a promise
Ask for an assessment of the available route, principal strengths and difficulties, missing material, timing and likely next procedural step. Ask also whether another remedy requires consideration before or instead of an SLP.
A responsible answer may be that further papers are needed, that immediate protective advice is necessary, or that the proposed challenge does not warrant the cost and risk. The purpose of preparation is to make that answer informed.
For the firm’s procedural overview, see Supreme Court practice. Read Binay Kumar’s professional profile or request an appointment. Send a brief enquiry first; agree a secure method before transmitting confidential papers.
General legal information only. This guide does not determine maintainability, limitation or entitlement to relief in an individual matter. Contacting the firm does not confirm an engagement, suspend a deadline or stay an order.