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Gaurav Singhal   03 September 2021

Meaning of notice of motion

Some provisions like Sec 25(2) of CPC or Sec 3(2)(c) of Limitation Act use the words- "application...made by a motion" or "application by notice of motion". What exactly does that mean?


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 1 Replies

Kevin Moses Paul   08 September 2021

As per your concern I've discussed both these terminology for you below:-

APPLICATION MADE BY A MOTION —
(I) It's a written or oral application made to a court or judge to obtain a ruling or order directing that some act be done in favor of the applicant.

(II) The applicant of such an application is usually known as the moving party, or the 'movant'.

(II) The motion may also request that the issue be addressed at a hearing before the judge along with all the partes to the suit present at the hearing.

APPLICATION BY NOTICE OF MOTION —
(I) It is a formal notice to participants in litigation of an intent to seek specific relief in an action.

(II) The notice of motion is written in the form of a request to the court to order/request something (usually interlocutory relief).

(III) Essentially, it is a notice of request that is made before a court of law.


Hope tha above-mentioned descripttion helps.


Regards,
Kevin M. Paul

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