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Notice of motion by defendant

Querist : Anonymous (Querist) 19 August 2021 This query is : Resolved 
Hello Experts,

will you please guide me on a issue that...
whether a defendant can take out a notice of motion in Plaintiff's suit for claiming any relief? if so then under which provision?
kindly do the needful.
Thanks in advance.
Regards.
P. Venu (Expert) 20 August 2021
What are the facts? What is the context? Why the Notice of Motion?
Querist : Anonymous (Querist) 20 August 2021
its a property related dispute and after filing the suit the plaintiff trespassed in the suit premises and defendant want to appoint the receiver.
Dr J C Vashista (Expert) 21 August 2021
The suit is already stated to be pending adjudication, there is no need to issue notice of motion but move appropriate application before the court concerned.
Querist : Anonymous (Querist) 13 September 2021
Okay Sir. Thank you.
P. Venu (Expert) 13 September 2021
Yes, the Notice of motion could moved. Is the matter pending before Bombay High Court?


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