Curative petition

(2002)[1] in which the question was whether an aggrieved person is entitled to any relief against the final judgement or order of the Supreme Court after the dismissal of a review petition.

[2] The Supreme Court held that to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgements in exercise of its inherent powers.

[3] For that purpose, the court has devised what has been termed as a curative petition in which[4] the petitioner is required to aver specifically that the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by circulation, which must be certified by a senior advocate.

[5] It is guaranteed under Article 137 of Constitution of India, which gives the power to the Supreme Court to review of its own judgements and orders.

To entertain a curative petition, the Supreme Court has laid down specific conditions: