How to File an SLP in the Supreme Court After Losing in the High Court

Losing in the High Court is hard, especially after years of litigation. For most litigants, the only route left is to ask the Supreme Court of India to hear the matter through a Special Leave Petition. This guide explains, in plain terms, how an SLP works, what the Court looks for, and the deadlines that matter.

What is a Special Leave Petition under Article 136?

Article 136 gives the Supreme Court a wide discretionary power to grant special leave to appeal from any judgment, decree, determination, sentence or order passed by any court or tribunal in India, except courts and tribunals under laws relating to the armed forces. The SLP itself is not the appeal. It is a request for permission to appeal. If leave is granted, the SLP is converted into a civil or criminal appeal and heard on merits.

Since Pritam Singh v. The State (1950), the Supreme Court has said this power is to be used sparingly, in exceptional cases. In practice, the Court looks for a substantial question of law, a decision contrary to settled precedent, a grave miscarriage of justice, or a perverse finding of fact.

Which orders can be challenged through an SLP?

Most SLPs challenge final judgments of High Courts, but interim orders can also be challenged where they cause serious prejudice. Common examples include:

• Criminal: refusal of bail or anticipatory bail, refusal to quash an FIR, conviction and sentence, cancellation of bail.
• Civil: second appeals, property and partition disputes, execution orders, arbitration appeals under Section 37.
• Writ and service: High Court decisions on writ petitions, recruitment, promotion, pension and disciplinary action.

For many tribunal orders, the Supreme Court expects the litigant to approach the High Court or use the statutory appeal first, unless the statute provides a direct appeal to the Supreme Court. Choosing the wrong forum wastes time that counts against limitation.

What is the time limit to file an SLP?

Under Order XXII of the Supreme Court Rules, 2013, an SLP must be filed within 90 days from the date of the judgment or order. Where the High Court has refused to grant a certificate of fitness to appeal to the Supreme Court, the limit is 60 days from the date of that refusal. The time needed to obtain a certified copy of the judgment is excluded under the Limitation Act.

If the deadline has passed, the SLP can be filed with an application for condonation of delay. The application must explain “sufficient cause” for the entire period of delay, with supporting facts and documents where possible. Long, unexplained delays are frequently refused, so a petition should be prepared as early as possible.

What does an SLP contain?

An SLP follows the format prescribed in the Supreme Court Rules. It generally includes:

• a synopsis and list of dates setting out the case history briefly;
• the questions of law that arise for consideration;
• the grounds on which leave is sought;
• a statement that no other SLP has been filed against the same order, and that the annexures were part of the record in the courts below;
• a copy of the impugned judgment and relevant annexures, with applications for stay, exemption from filing a certified copy, or condonation of delay as needed.

Only an Advocate-on-Record can file and act in the Supreme Court. Other advocates can draft and argue the matter, but the filing must be made through an Advocate-on-Record.

Can the Supreme Court stay the High Court order?

Yes. An application for interim relief can be filed along with the SLP, seeking a stay of the impugned order, status quo on property, protection from arrest, or suspension of sentence. The Court usually considers it on the first date of hearing. Where the matter is urgent, a request for early listing can be made under the Court’s mentioning procedure.

If you won in the High Court and expect the other side to approach the Supreme Court, you can file a caveat. This ensures you are heard before any interim order is passed.

What happens at the admission hearing?

At the first listing, the Bench decides whether the case deserves a closer look. It may dismiss the SLP in limine (at the threshold), often by a short order, or issue notice to the other side. If notice is issued, the respondent files a counter affidavit, and the Court later decides whether to grant leave and hear the appeal.

Because the first hearing is short, the petition must make its strongest point clearly in the synopsis and questions of law. Arguments at this stage are brief and focused.

What if the SLP is dismissed?

A review petition under Article 137, read with Order XLVII of the Supreme Court Rules, can be filed within 30 days. Review is limited to grounds such as an error apparent on the face of the record, and is usually decided in chambers. After review is dismissed, a curative petition is possible only in rare cases, under the principles laid down in Rupa Ashok Hurra v. Ashok Hurra (2002), and must be certified by a Senior Advocate.

In Kunhayammed v. State of Kerala (2000), the Supreme Court held that dismissing an SLP by a non-speaking order does not merge the High Court judgment into the Supreme Court’s order. Depending on the circumstances, this can leave a review before the High Court itself open.

What is the Delhi NCR position?

For litigants in Ghaziabad and Noida, the High Court is the Allahabad High Court. For Delhi, it is the Delhi High Court. In either case, keep a record of the judgment date and the date you applied for and received the certified copy, because both affect the limitation calculation. Delhi NCR litigants can usually attend Supreme Court hearings in person or virtually, but the paperwork, including translations of Hindi records, can take time. That is another reason to start early.

Need help?

If you are considering a challenge to a High Court judgment, an early assessment helps you understand whether an SLP, a review or another remedy is suitable. More information is on our Supreme Court SLP page, or you can contact the chamber to schedule a consultation.

Frequently asked questions

Is an SLP an appeal as of right?

No. Article 136 is discretionary. The Supreme Court decides whether to grant leave, and only then is the matter heard as an appeal.

Can I file an SLP after 90 days?

Yes, with an application for condonation of delay explaining sufficient cause for the whole period. Whether the delay is condoned depends on the explanation and the facts.

Can I file an SLP against an interim order?

Yes. Article 136 covers “any judgment” or “order”, including interim orders, though the Court interferes with interim orders less readily.

Who can file an SLP in the Supreme Court?

Any party aggrieved by the order can seek leave. The petition must be filed through an Advocate-on-Record registered with the Supreme Court.

Sources

• Constitution of India, Articles 136 and 137
• Supreme Court Rules, 2013: Order IV (Advocates-on-Record), Order XXII (Special Leave Petitions), Order XLVII (Review)
• Pritam Singh v. The State, AIR 1950 SC 169
• Kunhayammed v. State of Kerala, (2000) 6 SCC 359
• Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388

Related guides

• Writ petition under Article 226: a High Court guide
• Quashing an FIR under Section 528 BNSS
• Anticipatory bail under Section 482 BNSS

This article is general legal information, not legal advice for your specific case. Law and procedure change; please consult an advocate before acting.