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Order XI - Notices of Motion : Supreme Court Rules 2013

 

 

What are Notices of Motion? Order XI of Supreme Court Rules 2013

Order XI of Supreme Court Rules 2013 : "Notices of Motion"

1. Except where otherwise provided by any statute or prescribed by these rules, all applications which in accordance with these rules cannot be made in Chambers shall be made on motion after notice to the parties affected thereby.

2. Where the delay caused by notice would or might entail serious hardship, the applicant may pray for an ad-interim ex-parte order in the notice of motion, and the Court, if satisfied upon affidavit or otherwise that the delay caused by notice would entail serious hardship may make an order ex-parte upon such terms as to costs or otherwise, and subject to such undertaking being given, if any, as the Court may think just, pending orders on the motion after notice to the parties affected thereby.

3. Where an ex-parte order is made by the Court, unless the Court has fixed a date for the return of the notice, or otherwise directs, the Registrar, shall fix a date for the return of the notice and the application by notice of motion shall be posted before the Court for final orders on the returnable date.

4. A notice of motion shall be instituted in the suit or Matter in which the application is intended to be made and shall state the time and place of application and the nature of the order asked for and shall be addressed to the party or parties intended to be affected by it, unless they have an advocate-on-record, in which ease it will be addressed to the advocate-on-record, and shall be signed by the advocate-on-record of the party moving, or by the party himself where he acts in person.

5. (1) Unless otherwise ordered, the notice of motion together with the affidavit in support thereof shall be served on the opposite party not less than seven days before the day appointed for the motion where such opposite party has entered appearance, and not less than fourteen days before the day appointed for the motion where such party has not entered appearance.

The affidavits in opposition shall be filed in the Registry not later than five days before the day appointed for the hearing and affidavits in reply shall be filed not later than two days before the day of hearing.

The affidavits in opposition or reply shall be served on the opposite party or parties and shall not be accepted in the Registry unless they contain an endorsement of service signed by such party or parties.

 

(2) Leave to serve short notice of motion may be obtained ex-parte from the Registrar upon affidavit.

6. Notice shall be given to the other party or parties of all grounds intended to be urged in support of, or in opposition to, any motion.

7. Any interlocutory or miscellaneous application, not withstanding that it is made in an appeal or other proceeding in which a substantial question of law as to the interpretation of the Constitution is raised, may be heard and decided by a Bench of not less than five Judges.

 

SUPREME COURT RULES 2013

PART I GENERAL

Order I - Interpretation etc

Order II - Offices of the Court sittings and vacation etc

Order III - Officers of the court etc

Order IV - Advocates

Order V - Business in chambers

 

 

Order VI - Constitution of Division Courts and Powers of a Single Judge

Order VII - Proceedings by or against minors or persons of unsound mind

Order VIII - Documents

Order IX - Affidavits

Order X - Inspection, Search etc

 

 

Order XI - Notices of Motion

Order XII - Judgments, Decrees and Orders

Order XIII - Copying

Order XIV - Payment into and out of court of suitors funds

Order XV - Petitions Generally

 

 

PART-II
APPELLATE JURISDICTION
(A) GENERAL

Order XVI - Hearing of Appeals

Order XVII - Miscellaneous

Order XVIII - Appeals and Applications by indigent person

(B) CIVIL APPEALS

Order XIX - Appeals on Certificate by High Court

(C) CRIMINAL APPEALS

Order XX - Criminal Appeals

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