• Rejection of SLP filed with defects

Government has filed SLP in supreme court against the high court judgement which is favourable to me in a land acquisition case . The high had earlier also ruled in our favor in 2016 . Govt filed a slp by which the Supreme Court remanded the case back to high court in 2019. The high court again ruled in my favor last year & defective slp has been filed against this order . The slp filed has numerous defects ( 15 in total ) and has been given a diary number . All the defects have been pending for close to eight months . We already have valid caveat in place . What should be our next line of action . Pl advice
Asked 10 months ago in Constitutional Law

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21 Answers

If they fail to remove the objections SLP would be dismissed by SC for non removal of office objections 

Ajay Sethi
Advocate, Mumbai
99754 Answers
8141 Consultations

Defects have to be removed by them. If the delay is not affecting you then there is no need to take any step if the delay is affecting you then you can pray the SC about the same

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Since the SLP has defects pending for eight months and only has a diary number, take the following steps:


  1. File an IA for Dismissal – Move an Interlocutory Application under Order XV, Rule 5 of the SC Rules, citing excessive delay in curing defects.

  2. Monitor Case Status – Track whether the defects are removed and ensure no undue advantage is taken by the govt.

  3. Engage with the SC Registry – Your AOR can request the Registry to reject the SLP for prolonged non-compliance.

  4. Strengthen Opposition – If the SLP gets listed, oppose admission using past favorable HC rulings (2016 & last year) and lack of substantial legal grounds.

Immediate action: File IA for dismissal and keep watch on the case status.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

As you know that the Court cannot make a decision without first informing the caveator. It safeguards the caveator's right to be heard in court. Now, the Govt. has already filed the SLP against the judgement passed by the High Court, however, the defects are not cleared since almost 8 months. In any case, caveat have a limited shelf-life of 90 days. 

If the defects are not removed within 28 days, an application seeking condonation of delay in refiling has to be filed along with the SLP. Once the defects are removed, the SA sends the SLP to the branch officer (BO). This process is called verification. At this stage, the BO scrutinizes whether the case is in order and prepares an office report which also states whether any other identical or similar case is pending before the Supreme Court. He also enters the section or provision of law which the SLP is concerned with. The Registry checks if a caveat has been filed. The AOR has to serve the caveator and give proof of service to the Registry, in order for the SLP to be considered defect free. Once the Branch Officer is satisfied that all defects are removed and that the SLP is in order, he registers the case i.e. he enters the details of the SLP on his computer.

A defect free SLP is listed by the listing branch typically within 1 week.

Also, please note that anytime soon the SLP (with defects) will be listed. If the defects are not removed till 90 days from the date of communication of the defects, the matter shall be listed with Office Report on default before the Hon'ble Judge in Chambers for appropriate orders and then the matter may be dismissed in default (in non compliance of removing defects). 

The case can also be reopened after the SLP is dismissed in default, after filing the restoration application (with condonation of delay application). Detailed discussion is necessary with complete documents. 

 

You may contact my secretary to connect with me for clarification. 

 

Gopal Verma

Advocate-on-Record

Supreme Court of India

Shri Gopal Verma
Advocate, Delhi
422 Answers
22 Consultations

The caveat petition is valid only for three months hence you may continue to file caveat petition immediately after three months so that supreme court is not pressurised to pass any interim stay order against you in your absence.

In the meantime you may file an execution petition to execute the court order before the execution court.

T Kalaiselvan
Advocate, Vellore
89956 Answers
2490 Consultations

- Without removing the objections the matter will not be listed for hearing before the Justice of Supreme Court 

- Further , the validity period of caveat petition is limited to maximum 90 days from the date of filing 

- If you have already filed the caveat petition after passing the 90 days then you will be informed at the time of hearing the matter by the Court. 

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

Since the government’s SLP against the High Court judgment in your favour has numerous defects (15 in total) and has been pending without rectification for eight months, your next course of action should focus on ensuring that the defective SLP is not entertained by the Supreme Court. As the SLP has only been assigned a diary number, it has not yet been registered as a regular case, which means it is still at a preliminary stage. You should closely monitor the defect status on the Supreme Court website. If the defects remain unrectified, you can file an application seeking dismissal on grounds of delay and non-prosecution, highlighting the petitioner’s negligence and lack of urgency. Since you already have a valid caveat in place, you will receive notice if the matter proceeds, so it is advisable to keep a strong legal response ready in case the court decides to hear the petition despite defects. Additionally, your advocate can consider mentioning the matter before the Registrar to seek early disposal, as defective petitions are often deemed abandoned if defects remain unrectified for a prolonged period. If the government rectifies the defects and the SLP is listed for hearing, you should contest it on merits, emphasising that the High Court has ruled in your favour twice and that the government has already had the opportunity to challenge the case when it was remanded in 2019. Would you like assistance in drafting an application for dismissal due to non-prosecution?

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
501 Answers

You should wait for the outcome,

court may at most grant the petitioner 4 weeks time or so to remove the office objections,

Ajay Sethi
Advocate, Mumbai
99754 Answers
8141 Consultations

If the SLP is filed again after complying with the defects and taken on file by supreme court, you will be intimated about this by a notice.

You may appear through your advocate and record your objections and present your side arguments to get the SLP dismissed 

 

T Kalaiselvan
Advocate, Vellore
89956 Answers
2490 Consultations

Dear Client,

 

Since the SLP filed by the government has defects (15 in total) and has been pending for nearly 8 months without rectification, you have strong legal grounds to take action. Your next steps should be:

 

Monitor the status of the SLP regularly - Since you have a caveat, you will receive notice if anything is done withthe SLP. Keep following the case status portal of the Supreme Court and track the progress of the diary number.

File an Application for Dismissal Due to Non-Removal of Defects – Since the petitioner (government) has failed to rectify defects within a reasonable time, you can file an Interlocutory Application (IA) before the Supreme Court under Order XV, Rule 5 of the Supreme Court Rules, 2013, seeking dismissal of the SLP on the ground of prolonged defect-pendency.

Cite Delay and Procedural Lapse – As per Supreme Court procedures, if the defects are not cured within a stipulated time (typically 90 days), the case may be considered abandoned or dismissed for non-prosecution. You can file an application to formally bring this delay to the court’s attention.

Engage Your Advocate to Mention the Matter – Your advocate can make a mention before the Registrar or file a motion before the court requesting an early decision on the pending defective SLP.

Prepare for a Possible Delay Tactic by the Government – Often, the government files defective SLPs to delay implementation of a favorable High Court order. If the SLP is dismissed, the High Court's judgment in your favor becomes final and binding.

Anik Miu
Advocate, Bangalore
11005 Answers
125 Consultations

- You should wait for the outcome till the admission of the SLP.

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

It will not be dismissed if defects are cured. Then it can be only dismissed on merits 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Since the SLP with defects is listed in the Judge’s chamber, here’s what could happen:


Possible Outcomes:


1️⃣ Outright Dismissal – If defects are substantial and remain unrectified, the Judge may dismiss the SLP.
2️⃣ Time for Rectification – If defects are minor, the court may grant time to cure them.
3️⃣ Listing for Admission – If the defects are insignificant, the case may proceed for hearing.


What You Should Do:


Ensure Your Caveat is Active – This prevents any ex-parte relief to the govt.
Objection Through AOR – Your Advocate on Record (AOR) should highlight the long-pending defects and request dismissal.
Monitor the Outcome – If the SLP is dismissed, no further action is needed. If allowed to proceed, prepare a strong opposition citing past HC rulings (2016 & 2023).

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

Wait for orders  to be uploaded 

 

if defects are not removed within 3 weeks petition would be dismissed 

Ajay Sethi
Advocate, Mumbai
99754 Answers
8141 Consultations

You may have to wait for the next listing of the case before the chamber proceedings.

The SLP has been filed by the government side only therefore it is the duty of the petitioner side to rectify the errors and represent the same within the time stipulated in the orders.

If they failed to take any action you may proceed as per the orders already passed in your favour.

T Kalaiselvan
Advocate, Vellore
89956 Answers
2490 Consultations

No other way. It will be restored if it’s only for defects 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

They are uploaded on the  website 

Ajay Sethi
Advocate, Mumbai
99754 Answers
8141 Consultations

Yes it will be uploaded 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

The orders will be uploaded in the ecourts website.

Even otherwise the standing counsel for government will come to know about the ordres. 

T Kalaiselvan
Advocate, Vellore
89956 Answers
2490 Consultations

- The Chamber proceeding cannot be uploaded on website 

- However, you should enquire from the Court staff physically or through the Advocate. 

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

Chamber orders are typically not posted online immediately. Instead, once the judge passes a chamber order, the Supreme Court's registry communicates the order to all parties through official channels. This means the government will be notified directly—usually via registered correspondence or through your lawyer’s AOR—about the three-week period to rectify the defects.

For now, it's best to closely monitor any communications from the registry or your counsel. If no further updates are received, prepare to raise an objection or file an application if the government fails to act on the defects within the specified time.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

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