Service of notice of motion

sandeep rane (Querist) 21 March 2015 This query is : Resolved
Respected members,

After filling a suit can i serve summons for Notice of motion & summons to answer plaint together in civil suit ?

Thank you

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Devajyoti Barman (Expert) 21 March 2015
yes, you can after the court gives such direction.

sandeep rane (Querist) 21 March 2015
Thank You, Devajyoti Barman Sir, It means that to do so I have to take permission of the court.

Then, Can I ask for such permission when leave to register n/m is asked.

Thank you.

Devajyoti Barman (Expert) 21 March 2015
yes, you have to.

sandeep rane (Querist) 21 March 2015
Thank You, Devajyoti Barman Sir.

Rajendra K Goyal (Expert) 22 March 2015
Academic query.

ajay sethi (Expert) 22 March 2015
agree with Mr barman

T. Kalaiselvan, Advocate (Expert) 22 March 2015
Agreed with the views of experts on the subject.

Dr J C Vashista (Expert) 23 March 2015
1. I respectfully disagree with the experts since the concept of "Notice of Motion" is to bring some legal fact to the notice of opposite party, which is going to take place (in future) and not after issuance of directions by the court, under the given circumstances (by the author).
2. Once the case is with the court, it is the prerogative of the Court to issue notice/ summons/warrants to the opposite party.
3. How and under which authority a party or his counsel can issue summons to opposing party?

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