EVOLUTION OF THE CONCEPT OF CURATIVE PETITION

Author – Shubham More, Student at NLIU, Bhopal

Best Citation – Shubham More, EVOLUTION OF THE CONCEPT OF CURATIVE PETITION, ILE Monthly Review, 1 (3) of 2023, Pg. 05-11, ISBN – 978-81-961828-8-5

. Abstract

A curative petition is a legal tool that enables a petitioner to request a review of a court’s final, irrevocable judgment or order. The Indian Supreme Court has acknowledged this idea as an extraordinary remedy to avoid a miscarriage of justice as it has developed over time. The Supreme Court’s historic decision in the case of Rupa Ashok Hurra v. Ashok Hurra, which said that a curative petition may be granted in exceptional and unusual circumstances when the decision contains a fundamental error, is responsible for the development of curative petitions.

Since then, numerous cases have been brought before the Supreme Court using the curative petition system, and various judgments have broadened the reach and applicability of this remedy. According to the Supreme Court, a curative petition can only be filed after all other options have been explored. Additionally, the petitioner must show that natural justice was violated and that the error in the judgment goes to the heart of the issue.

Keywords: Curative petition, evolution, concept, legal mechanism, review, final judgment, Indian Supreme Court, exceptional remedy, miscarriage of justice, Rupa Ashok Hurra v. Ashok Hurra, a fundamental error, scope, applicability, violation of natural justice, safeguard, alternative, regular remedies, law.