Supreme Court Appeal
An appeal may be filed against any judgment, decree or final order in a civil proceeding of a High court if the High Court certifies that the case involves a substantial question of law of general importance and that in the opinion of the High Court the said question needs to be decided by the Supreme Court. However, no appeal can be filed from the judgment, decree or final order of single judge bench of the High Court. The party making the appeal can urge as one of the grounds that a substantial question of law as to the interpretation of the Constitution has been wrongly decided.
- The party desirous of filing an appeal on a certificate by High court as aforesaid is required to file a petition of appeal in the court.
- The Petition should contain concise information regarding the proceedings in the Subordinate Courts and the High Court in a chronological order with relevant dates and should as well state the amount or value of the subject matter of the suit in the Subordinate Courts, High Court and the Supreme Court.
- The particulars showing the computation of the said valuation have to be mentioned as well. However, where the appeal is incapable of valuation, this fact has to be mentioned in the appeal instead of the said valuations.
- The petition of appeal should be accompanied by seven copies of:
- a certified copy of judgment and decree appealed from;
- a certified copy of certificate granted by High Court; and
- a certified copy of the order granting the said certificate
- In cases where the High Court has passed a summary order (that is a brief order on a superficial level without hearing the matter in details) or the High Court has not recorded the reasons or grounds for granting the certificate and in certain appeals in the Contempt Cases, four certified (or uncertified copies if such copy is affirmed to be true copy upon affidavit) of the judgment or order and decree of the subordinate Court are also required to be filed with the petition of appeal.
The person filing an appeal is required to pay Court Fee as per the scheduled table of Court Fees.
The petition of appeal on the basis of the certificate by High Court have to be presented within sixty days from the date of grant of the certificate of fitness. But in computing the period of limitation, time spent in obtaining a copy of the certificate and the order granting the said certificates excluded. Furthermore, if the petition of appeal is delayed, the person filing the appeal may seek condonation of delay from the Supreme Court by explaining the reasons for the delay.