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
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
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,
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.