Service of notice of motion
rahul
(Querist) 14 August 2015
This query is : Resolved
Respected members,
In our suit there are 10 defendants. We have also taken out notice of motion. We have claim interim relief against defendant no.1 to 6. There is no interim relief claimed against Defendant no.7 to 10.
We taken out writ of summons & notice of motion altogether & serve them altogether three months back.
We have serve writ of summons to Defendant no. 1 to 10.
but we have not serve notice motion to all the defendants. Notice of motion has been served to Defendant no. 1 to 6 as interim relief is claimed against them.
We have not serve notice of motion to Defendant no. 7 to 10 as no interim relief is claimed against them.
Now after three months defendant no.10 appeared in a court & said that notice of motion is not served to them. Court has given him time to file Written statement.
1. Whether we are correct in not serving notice of motion to Defendant no. 7 to 10 as no interim relief is claimed against them ?
2. If we have made mistake by not serving Notice of motion to Defendant no.7 to 10, then what is the right steps for us because notice of motion to Defendant no. 1 to 6 was served three months back.
Thank You.
P. Venu
(Expert) 15 August 2015
A mistake could always be corrected.
Rajendra K Goyal
(Expert) 15 August 2015
Full case file need to be referred, consult your lawyer.
rahul
(Querist) 15 August 2015
Thank you P. Venu Sir & Rajendra K. Goyal Sir
for your reply.
I am fighting a case in person.
Defendant no.10 is a state. In prayers only compensation is demanded from state & no interim prayer is against State. now state has taken time to file WS from court.
Therefore can i serve nm before next date to state ? whether permission of court required for this ?
I have not understand that whether I have made mistake or not in not serving nm to Def. 7 to 10 as no interim relief is claimed against them ?
Thank you
