Meaning, Purpose, Procedure & Example

What is a Notice of Motion?

A Notice of Motion is a formal written request submitted to the court informing that a party wants the court to hear and decide a specific application.
It notifies the opposite party about:

• What relief you are seeking
• On what grounds
• On which date the court will hear the application

It ensures transparency and fairness so the opposite party gets a chance to appear and oppose.

Where is Notice of Motion Used?

It is commonly used in:
✔ Civil cases
✔ Interim applications
✔ Injunction matters
✔ Family disputes
✔ Commercial suits
✔ High Court writ & appellate matters

Purpose of a Notice of Motion

A Notice of Motion serves to:

• Inform the other side about the application
• Prevent ex-parte orders (unless urgent)
• Give the court a clear schedule
• Maintain principles of natural justice

When is Notice of Motion Required?

You must file a Notice of Motion when:

1. Court rules require prior notice to the other party
2. You are seeking interim relief (like stay, injunction, status quo)
3. The matter is not extremely urgent
4. Local High Court/CPC rules mandate a motion procedure

Two Types of Notice of Motion

1. Ordinary Notice of Motion

• Given to the opposite party in advance
• Listed on a fixed date
• Used for routine applications

2. Urgent/Ex-Parte Notice of Motion

Filed when immediate relief is needed and waiting may cause irreparable loss.
E.g.,

• Property being demolished
• Someone issuing illegal threats
• Urgent stay of a government order

Court may pass temporary ex-parte orders and later hear the other side.

Contents of a Notice of Motion

A typical Notice of Motion includes:
✔ Court name & case number
✔ Parties’ names
✔ Applicant’s request (relief)
✔ Grounds for the request
✔ Date of hearing
✔ Advocate’s name & signature
✔ Supporting affidavit

Example of Reliefs Sought Through Notice of Motion

A Notice of Motion may request:

• Stay of proceedings
• Temporary injunction under Order 39 CPC
• Appointment of receiver
• Police protection
• Discovery & inspection of documents
• Modification of prior orders
• Urgent interim directions

Sample Line from a Notice of Motion

“The Applicant above named hereby moves this Hon’ble Court for an order of temporary injunction restraining the Respondent from disposing of the suit property until final disposal of the suit.”

Landmark Judgments on Motion/Notice Requirements

1. A. Venkatasubbiah Naidu v. S. Chellappan (2000)

Court must give notice to the opposite party before granting injunction unless delay defeats justice.

2. Morgan Stanley v. Kartick Das (1994)

Ex-parte injunctions should be granted only in exceptional circumstances.

3. Shiv Kumar Chadha v. MCD (1993)

Courts must record reasons for granting an ex-parte injunction.

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