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Who can file Special Leave Petition? Any aggrieved party can
challenge the order i.e. it can be order ad-interim or interim order
passed by First Appellate Court (i.e. when there is no possibility to file
second appeal before Second Appellate Court), if affecting the rights
of parties or if final order is passed by First Appellate Court can be
challenged before Hon’ble Supreme Court of India under Article 136
of Constitution of India by way of filing Special Leave Petition.
By virtue of this Article, the Court can grant special leave to appeal
from any judgment, decree, determination, sentence or order in any
cause or matter passed or made by any court or tribunal in the territory
of India. Though there is no limit in this Article, but it is permissible
and practical to first exhaust the legal remedy before below Courts
including High Court and then if being aggrieved, challenge the said
order or judgment before Apex Court.
After the SLP is filed, the Supreme court hears the case and
depending on the merits of the case allows the respondent to state
their views in a counter affidavit. Thereafter, the court decides if
special leave can be granted or not. If Supreme court is of opinion
that substantial question of law to be decided by Supreme Court, then
Supreme Court will grant leave and the SLP will be treated as Appeal
and Supreme Court will exercise its appellate jurisdiction and hear the
matter.