What is Curative Petition?

petition

Curative Petition was introduced in Court by the case of Rupa Ashok Hurra V. Ashok Hurra and Anr. (2002).This concept was introduced to avoid a miscarriage of justice and to prevent abuse of process. 

Curative Petition is the final or last chance available for redressal of grievances in court after a review plea is dismissed or has been exhausted. The court is very cautious while handling this type of petitions. This petition is filed very rarely as to file such a petition a gross violation of a principle of natural justice by the court needs to be proved by the contending party, unlike other petitions. 

Indian Constitution supports such kind of petition by Article 137 of the constitution as it provides the matter of laws and rules stated under Article 145 of the constitution i.e., Supreme Court has the power to review any judgment pronounced (or order made) by it. Such a petition needs to be filed within 30 days from the date of judgment or order.

Curative Petition can be allowed when petitioner brings into the notice of Court that some important facts were not heard or revealed at the time of order giving or there was a violation of natural justice. The Curative petition is decided by judges in the chamber, very rarely it is an open house hearing. 

A curative petition may be filed after the review petition of the final judgment is dismissed. It can only be considered for the violation of natural justice. Curative Petition must be first circulated to a Bench of the three senior-most judges, and the judges who passed the concerned judgment, if available. Only when a majority of the judges conclude that the matter needs hearing should it be listed before the same Bench. The Bench at any stage of consideration of the curative petition can ask a senior counsel.  The curative petition can be rejected on the basis that petitioner filed it without any merit, the bench can also impose a penalty on the petitioner.

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