JEMTEC

Curative petition is a judicially formulated mechanism available to a party as the last recourse to approach the Supreme Court. The term Curative Petition was devised by the Supreme Court in Rupa Ashok Hurra v. Ashok Hurra and Anr. (2002) 4 SCC 388. The Constitution of India guaranteed that the Judgment of the Supreme Court is final and conclusive and is binding on all the parties of the proceedings.  The Constitution provides under Article 137 to file review petition before the Supreme Court if the appeal or any other proceedings is dismissed by the Supreme Court.  The situation of injustice caused to the litigant due to the infirmities in the order of dismissal of the Review petition is not addressed by the Constitution. To remedy such situation the Supreme Court evolved the remedy of Curative Petition formulated under Article 142 of the Constitution to ensure substantive justice. The Supreme Court in Hurra ’s case held that the curative petition is maintainable on two grounds