Order 6 Rule 17 empowers the court to allow amendments in pleadings (plaint or written statement) at any stage of the suit, if the amendment is necessary for determining the real questions in controversy.
Two Conditions for Allowing Amendment
1. The amendment must be necessary for deciding the real dispute.
If the original pleadings miss important facts or require correction → court may allow.
2. The amendment should not cause injustice or prejudice to the opposite party.
If prejudice can be compensated with costs → amendment is allowed.
After commencement of trial, the court shall NOT allow amendment unless:
The party proves “due diligence”
Meaning: despite reasonable efforts, the person could not have raised the matter before trial.
Trial begins when issues are framed and evidence begins.
This proviso is the most commonly litigated part today.
What Can Be Amended?
✔️ Correcting wrong facts ✔️ Adding new facts that clarify the cause of action ✔️ Correcting dates, figures, descriptions ✔️ Change in valuation, relief, or prayer clause ✔️ Adding alternative reliefs ✔️ Amendments to written statements are easier (defendant has wider rights)
What Cannot Be Amended?
✘ Introducing an entirely new and inconsistent case ✘ Changing the nature of the suit ✘ Setting up a new cause of action after limitation ✘ Amendments that withdraw admissions ✘ Malicious, delaying, or careless amendments
Important Supreme Court Case Laws
1. Revajeetu Builders v. Narayanaswamy (2009) 10 SCC 84
Court must check:
Whether the amendment is necessary?
Whether it introduces a new cause?
Whether it prejudices the opposite party?
Whether it avoids multiplicity of litigation?
(A golden test widely used in courts)
2. Kailash v. Nanhku (2005) 4 SCC 480
Amendments should not be rejected only because of procedural technicalities.
3. Vidyabai v. Padmalatha (2009) 2 SCC 409
After trial begins → burden on applicant to prove due diligence.
4. Rajkumar Gurawara v. S.K. Sarwagi (2008) 14 SCC 364
An amendment is allowed if it:
Helps avoid multiplicity of suits
Does not change the nature of the dispute
Example 1: Amendment Allowed
Case Situation: A plaintiff files a suit for recovery of ₹5,00,000 from the defendant. Later he discovers that he actually paid ₹6,20,000 due to an overlooked transaction. He applies to amend the plaint to change the amount.
Court Reasoning:
Correcting an amount helps decide the real controversy.
No major prejudice to defendant; can be compensated by costs.
Trial has not started → easier to allow.
Result: Amendment Allowed
Example 2: Amendment NOT Allowed
Situation: In a suit for injunction (possession not claimed), after trial has begun and evidence is recorded, the plaintiff files an amendment to convert the suit into a possession suit.
Court Reasoning:
This changes the nature of the suit.
New cause of action introduced.
Trial is already in advanced stage → no “due diligence”.
Result: Amendment Rejected
Example 3: Amendment Allowed in Written Statement
Situation: Defendant forgot to mention that the cheque was given as security, not a liability, in a recovery suit.
Later he files an amendment to add this defense.
Court Reasoning:
Defendant can raise alternative and even inconsistent pleas.
Helps decide the real issue.
No major prejudice → plaintiff gets chance to rebut.
📌 Result: Amendment Allowed
Example 4: Time-barred Amendment Rejected
Situation: The plaintiff tries to add a completely new cause of action that arose 5 years ago (beyond limitation).
Court:
Amendment introducing a time-barred claim is not allowed.
Result: Amendment Rejected
Short Court-Ready Summary
Order 6 Rule 17 CPC allows amendments if:
It is necessary for deciding the real dispute.
It does not change the nature of the case.
It does not introduce a new cause of action after limitation.
It does not cause prejudice to the other side.
After trial begins → applicant must prove due diligence.
DRAFT APPLICATION UNDER ORDER 6 RULE 17 CPC
(For Amendment of Pleadings – Plaintiff or Defendant)
IN THE COURT OF _________ Civil Suit No. ____ of 20__
ABC ……… Plaintiff/Applicant Versus XYZ ……… Defendant/Respondent
APPLICATION UNDER ORDER 6 RULE 17 READ WITH SECTION 151 CPC FOR AMENDMENT OF THE PLAINT/WRITTEN STATEMENT
Most Respectfully Showeth:
That the present suit is pending before this Hon’ble Court at the stage of ______ (before/after framing of issues / before evidence / during evidence).
That the applicant filed the plaint/written statement on //20__ setting out the relevant facts as then known.
That during the pendency of the suit, the applicant has now discovered certain material facts / clerical mistakes / omissions which could not be incorporated earlier despite exercising due diligence. The proposed amendment is necessary for the purpose of correctly and completely adjudicating the real questions in controversy.
That the proposed amendment does not change the nature of the suit, nor does it introduce any new or time-barred cause of action. The amendment only seeks to bring clarity and avoid multiplicity of proceedings.
That no prejudice will be caused to the opposite party, and in any case, the same can be compensated by costs, if this Hon’ble Court deems fit.
That the amendment is essential to determine the real issue between the parties and to enable this Hon’ble Court to effectively and completely adjudicate upon all matters in dispute.
That the proposed amendments are reproduced below: (Provide here the old paragraph and the proposed amended paragraph in a comparative format) Example format:
Existing Para 5: “___________”
Proposed Para 5: “___________”
That this application is bona fide and in the interest of justice.
PRAYER
In view of the aforesaid facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to:
Allow the present application and permit the applicant to amend the plaint/written statement as per Para 7 above;
Take the amended pleading on record; and
Pass any other or further order(s) as this Hon’ble Court may deem fit in the interest of justice.
Applicant Through Counsel Name: __________ Date: //20__ Place: _________
DRAFT REPLY / OBJECTION TO ORDER 6 RULE 17 CPC APPLICATION
IN THE COURT OF _________ Civil Suit No. ____ of 20__
ABC ……… Plaintiff/Non-Applicant Versus XYZ ……… Defendant/Applicant
REPLY / OBJECTION TO THE APPLICATION UNDER ORDER 6 RULE 17 CPC FILED BY THE APPLICANT
Most Respectfully Submitted:
That the applicant’s application under Order 6 Rule 17 CPC is misconceived, not maintainable, and liable to be dismissed, as it has been filed with the sole intention to delay the proceedings.
That the suit is already at an advanced stage (state stage: after framing of issues / during evidence / after evidence / at final arguments). As per the second proviso to Order 6 Rule 17 CPC, no amendment can be allowed unless the applicant proves “due diligence”. The applicant has failed to show any diligence whatsoever.
That the facts sought to be added/amended were well within the knowledge of the applicant since the filing of the suit, yet the applicant deliberately chose not to include them. Hence, the application is hit by lack of due diligence, making the amendment impermissible at this stage.
That the proposed amendment introduces a completely new and inconsistent case, which would change the nature of the suit and prejudice the rights of the replying party. Therefore, such amendment cannot be allowed in law.
That the proposed amendment also seeks to introduce a time-barred cause of action, which is expressly prohibited by settled law (SC judgments). Permitting such amendment would defeat the principles of limitation and fairness.
That the application has been filed only to delay the matter and harass the replying party, which is evident from the timing and nature of the amendments.
That allowing such amendment would require reopening of pleadings/evidence, causing irreparable prejudice to the replying party, which cannot be compensated in terms of cost.
That the application is devoid of merits, is mala fide, and is liable to be dismissed with heavy costs.
PRAYER
In view of the above submissions, it is most respectfully prayed that this Hon’ble Court may be pleased to:
Dismiss the application filed under Order 6 Rule 17 CPC,
Impose exemplary costs on the applicant for filing a frivolous and delayed application, and
Pass any other order(s) as the Hon’ble Court may deem fit in the interest of justice.
Non-Applicant / Opposite Party Through Counsel Name: __________ Date: //20__ Place: _________
“Condonation of delay” means asking the court to excuse the delay when a party fails to file a case/appeal/application within the statutory limitation period.
The court can forgive the delay if there is a sufficient cause.
Legal Basis
Section 5 – Limitation Act, 1963
Court may condone delay in:
Appeals
Applications (But NOT suits)
Purpose
To ensure justice is not denied merely because a party was late due to circumstances beyond their control.
What Is “Sufficient Cause”?
The cause must be: ✔ Genuine ✔ Reasonable ✔ Beyond the party’s control ✔ Not intentional or negligent
Common accepted reasons:
Medical emergency
Illness of party or family
Not receiving court order in time
Wrong legal advice
Unavoidable circumstances
Natural calamity
Government file movement delays (for govt. departments)
❌ When Delay Is Not Condoned
Ignoring legal notices
Sleeping over rights
Vague or false excuses
Delay caused intentionally
No proof or documents
Casual attitude: “I was busy”
Landmark Principles
1. Liberal Approach (Favours Justice)
Collector, Land Acquisition v. Katiji (1987) ➡ Courts should adopt a liberal approach because refusing condonation may lead to injustice.
2. No Premium to Negligence
➡ But courts do NOT condone when delay is due to carelessness or lack of diligence.
3. Government cases
➡ Some relaxation, but even govt. must show sufficient cause.
Simple Examples
Example 1: Delay Accepted
Ram had to file an appeal within 90 days, but he filed on the 120th day (30 days late).
Reason: He was hospitalised due to a fracture and submitted:
Medical certificate
Hospital record
➡ Court accepts → Delay condoned ➡ Appeal registered and heard on merits.
Example 2: Delay Rejected
Sita filed an appeal 200 days late.
Reason given: “I was busy with work.”
No documents. No sufficient cause.
➡ Court rejects → Delay not condoned ➡ Appeal dismissed as “time-barred.”
Example 3: Wrong Legal Advice
A person files appeal late because lawyer gave wrong date or wrong limitation period.
If supported with details or affidavit:
➡ Courts generally condone such delay.
Example 4: Did Not Receive Copy of Order
Limitation starts from knowledge of order.
If party never received the certified copy:
➡ Delay may be condoned.
Conclusion
Condonation of delay exists to ensure:
“Justice should be decided on merits, not on technical delay.”
But the party seeking condonation must show good cause, proper explanation, and diligence, with documents wherever possible.
1. Draft Application for Condonation of Delay
(U/S 5 of Limitation Act, 1963)**
IN THE COURT OF ____________________
Case Title: ___________________________ Case No.: _____________________________
APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT FOR CONDONATION OF DELAY
Most Respectfully Submitted:
That the applicant is filing the accompanying (appeal/revision/application) against the order dated //____, passed by the learned __________ Court.
That the statutory period of limitation for filing the present proceeding is ____ days, however the applicant could not file it within the prescribed time and there is a delay of ___ days.
That the delay has occurred due to reasons mentioned below, which constitute a sufficient cause:
The applicant was suffering from illness/medical issues from //____ to //____ and was advised complete rest. —OR—
The applicant was out of station due to family emergency. —OR—
The counsel inadvertently misplaced the file / certified copies were supplied late. —OR—
Any other genuine reason (customize).
That the delay is neither intentional nor deliberate, but due to circumstances beyond the control of the applicant.
That if the delay is not condoned, the applicant will suffer irreparable loss, whereas no prejudice will be caused to the opposite party.
That the present application is made bona fide and in the interest of justice.
PRAYER
In the above circumstances, it is most respectfully prayed that this Hon’ble Court may kindly:
a) Condone the delay of ___ days in filing the accompanying (appeal/revision/application), and b) Pass any other order(s) deemed fit in the interest of justice.
Applicant Through Counsel (Name & Signature) Date: Place:
2. Draft Reply / Objections to Application for Condonation of Delay
IN THE COURT OF ____________________
Case Title: ________________________ Case No.: _________________________
REPLY/OBJECTION TO APPLICATION U/S 5 OF THE LIMITATION ACT FOR CONDONATION OF DELAY
Most Respectfully Submitted:
That the Respondent opposes the application for condonation of delay filed by the Applicant.
That the Applicant has failed to show any sufficient cause for the inordinate delay of ___ days. The reasons mentioned in the application are vague, false, and unsupported by any evidence.
That the Applicant has been grossly negligent and careless and has approached this Hon’ble Court only after an adverse order was passed.
That the Applicant has not produced medical documents / travel proofs / certified copy delay slips or any material to justify the delay.
That condoning such delay would defeat the purpose of limitation law, which requires parties to act with diligence.
That the application is filed only to delay the proceedings and harass the Respondent.
PRAYER
Therefore, it is humbly prayed that the application filed by the Applicant under Section 5 of the Limitation Act be dismissed, and the delay may not be condoned.
Respondent Through Counsel (Name & Signature) Date: Place:
3. Oral Arguments (Applicant Side – For Condonation)
“My Lord, the applicant has shown sufficient cause under Section 5 of the Limitation Act.”
“The delay is neither intentional nor deliberate; it occurred due to circumstances beyond control.”
“Courts have repeatedly held that ‘substantial justice must prevail over technicalities.’”
“If delay is not condoned, the applicant will suffer irreparable loss.”
“No prejudice will be caused to the respondent if the delay is condoned.”
4. Oral Arguments (Respondent Side – Against Condonation)
“The applicant has completely failed to establish sufficient cause for delay.”
“The explanation is vague and unsupported by any proof.”
“There is clear negligence and lack of diligence.”
“Limitation laws exist to prevent stale claims; condoning such delay defeats the object of the Act.”
“The application is a misuse of process only to delay proceedings.”
A. Case Laws Supporting Condonation of Delay (Applicant Side)
(When you want the delay to be condoned)
1. Collector, Land Acquisition v. Mst. Katiji (1987) 2 SCC 107
Principle:
Courts must adopt a liberal approach in condonation of delay.
Substantial justice should prevail over technicalities.
A litigant does not gain by filing a delayed appeal.
2. N. Balakrishnan v. M. Krishnamurthy (1998) 7 SCC 123
Principle:
Length of delay is not important; the acceptability of the explanation is what matters.
Unless delay causes real prejudice to the opposite party, it should generally be condoned.
3. State of Nagaland v. Lipok AO (2005) 3 SCC 752
Principle:
A rational, pragmatic, and liberal approach must be followed.
Court should not take “too strict” or “pedantic” views.
Order 1 Rule 10 CPC empowers the court to add, strike out, or substitute parties so that all real and necessary controversies involved in the suit can be effectively adjudicated.
Relevant Provisions
Order 1 Rule 10(1)
Court may strike out or add parties at any stage of the proceedings.
Can be done without application (suo motu) or on application of a party.
Order 1 Rule 10(2)(Most Important)
Court may add any person:
Who ought to have been joined (necessary party), or
Whose presence is necessary for complete and effective adjudication (proper party).
Step-by-Step Procedure
Step 1: Filing Application
Application under Order 1 Rule 10(2) CPC
Filed by:
Plaintiff, or
Defendant, or
Proposed party (third person)
Supported by an affidavit
Contents of application:
Description of the proposed party
Nature of interest in the suit property/subject matter
Reason why presence is necessary/proper
Stage of the suit
Step 2: Court Fees
Nominal court fee (as per State amendment / court rules)
Step 3: Issuance of Notice
Court issues notice to existing parties
Opportunity of hearing is given to:
Plaintiff
Defendant
Proposed party (if present)
Step 4: Hearing & Consideration by Court
Court examines:
Whether the proposed party is a:
Necessary party (no effective decree possible without him), or
Proper party (helps in complete adjudication)
Whether impleadment will:
Change nature of suit ❌
Cause delay or prejudice ❌
Lead to multiplicity of proceedings ❌
Step 5: Order of the Court
If Allowed:
Party is added as Plaintiff or Defendant
Amendment of plaint/written statement permitted
Fresh summons issued to newly added party
If Rejected:
Application dismissed with reasons
Step 6: Amendment of Pleadings
Plaintiff amends the plaint under Order 6 Rule 17 CPC
Newly added party files Written Statement
Suit proceeds further
Key Legal Principles (For Arguments)
Necessary Party
A person without whom no effective decree can be passed Example: Co-owner in partition suit
Proper Party
A person whose presence enables complete adjudication Example: Subsequent purchaser in property dispute
Important Case Laws
Razia Begum v. Sahebzadi Anwar Begum (1958 SC) → Interest must be direct and substantial
Mumbai International Airport v. Regency Convention Centre (2010 SC) → Distinction between necessary & proper party
Kasturi v. Iyyamperumal (2005 SC) → In specific performance suits, strangers generally not allowed
When Order 1 Rule 10 Application is Rejected
Applicant has no legal interest
Impleadment alters the nature of suit
Application filed only to delay proceedings
Practical Drafting Tip
Always mention:
“To avoid multiplicity of litigation”
“For complete and effective adjudication”
DRAFT APPLICATION
(Under Order 1 Rule 10(2) CPC – Impleadment of Party)
IN THE COURT OF ____________
Civil Suit No. ____ of 20__
A …………………………… Plaintiff Versus B …………………………… Defendant
APPLICATION UNDER ORDER 1 RULE 10(2) CPC
Most Respectfully Submitted:
That the above-mentioned suit is pending adjudication before this Hon’ble Court.
That the present suit relates to (brief description of subject matter / property / transaction).
That the applicant (name of proposed party) has a direct, legal and substantial interest in the subject matter of the suit inasmuch as:
(State how right/title/interest arises)
(Mention documents, if any)
That without the presence of the applicant, no effective and complete adjudication of the issues involved in the suit is possible.
That the applicant is a necessary / proper party and ought to have been impleaded at the time of filing of the suit.
That non-impleadment will result in multiplicity of litigation and conflicting decisions.
That the impleadment will not change the nature of the suit nor cause prejudice to any party.
That this Hon’ble Court is empowered to implead parties at any stage of proceedings under Order 1 Rule 10 CPC.
PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:
a) Allow the present application; b) Implead (name of proposed party) as Plaintiff / Defendant No.__; c) Permit amendment of pleadings; d) Pass any other order deemed fit in the interest of justice.
Applicant Through Counsel Place: Date:
REPLY / OBJECTION
(To Application under Order 1 Rule 10 CPC)
IN THE COURT OF ____________
Civil Suit No. ____ of 20__
Reply on behalf of Defendant / Plaintiff
That the application is false, frivolous, and misconceived and liable to be dismissed.
That the applicant has no legal or enforceable right in the subject matter of the suit.
That the applicant is neither a necessary party nor a proper party as:
Effective decree can be passed without his presence.
His alleged interest is remote and speculative.
That the suit is confined to (specific relief) and the applicant is a stranger to the contract / transaction.
That impleadment will:
Change the nature of the suit
Delay trial
Cause serious prejudice to the replying party
That the application is filed only to delay proceedings and harass the parties.
That Order 1 Rule 10 CPC cannot be used to expand the scope of the suit.
PRAYER
It is therefore prayed that the application under Order 1 Rule 10 CPC be dismissed with costs.
Respondent Through Counsel Place: Date:
ORAL ARGUMENTS (FOR ALLOWING APPLICATION)
May it please Your Honour:
The applicant has a direct and substantial interest in the subject matter.
Without his presence, no effective decree can be passed.
Order 1 Rule 10 CPC empowers the Court at any stage.
The impleadment will avoid multiplicity of litigation.
The nature of the suit remains unchanged.
Supreme Court in Mumbai International Airport case (2010) clearly allows addition of proper parties for complete adjudication.
Hence, the application deserves to be allowed.
ORAL ARGUMENTS (FOR DISMISSAL)
May it please Your Honour:
Applicant is a complete stranger to the suit.
No legal right is disclosed—only a commercial or personal interest.
Effective decree can be passed without the applicant.
Order 1 Rule 10 CPC cannot be used to convert a simple suit into a complex one.
Supreme Court in Kasturi v. Iyyamperumal bars impleadment of strangers.
Application is a delay tactic.
Hence, the application is liable to be dismissed.
PRACTICAL COURT TIP
If you are Plaintiff opposing impleadment, argue dominus litis principle. If you are Applicant, stress complete adjudication + multiplicity avoidance.
in a Maintenance Petition (S.125 CrPC / S.144 BNSS)**
1. Wife Has Sufficient Independent Income
If the wife is earning or has the capacity to earn, highlight:
She is gainfully employed / running a business / receiving rental income.
She is qualified and capable of working but has chosen not to work.
Provide documents like salary slips, social media business pages, GST details, property records, etc.
Courts deny or reduce maintenance when the wife has sufficient income.
2. Husband’s Actual Financial Capacity
Clearly show your real income and expenses:
Salary is low / irregular / job loss
Loans, EMIs, medical expenses, dependent parents, children, etc.
Attach proof: bank statements, loan statements, doctor reports.
Courts cannot burden the husband beyond his actual capacity.
3. Wife Left Without Sufficient Cause (Desertion)
If the wife left the matrimonial home without valid reason:
No cruelty or dowry demand from husband
Repeated requests to return were refused
Mediation notices were ignored
A wife who leaves without reasonable cause may lose the right to maintenance.
4. Wife is Living in Adultery (If Applicable)
Under S.125(4) CrPC & S.144(4) BNSS:
A wife living in adultery cannot claim maintenance.
Provide evidence if available (messages, photos, call records, witness statements).
Courts strictly apply this bar when adultery is proven.
5. Husband is Ready to Maintain, But Wife Refused to Live With Him
Show willingness for reconciliation:
Attempts for settlement/mediation
Written offers to resume cohabitation
Proof that wife refused without reason
If the husband is willing and the wife refuses, she may not be entitled to maintenance.
Optional Bonus Points (If Applicable)
✔ Wife is filing false criminal cases only to harass ✔ Wife receives maintenance from another source (parents’ pension, previous case, etc.) ✔ Wife is intentionally suppressing her income ✔ Husband already bearing expenses of child, rent, schooling, etc.
Courtroom-ready explanation of “Decree vs Order vs Judgment” with core differences, examples, and legal clarity under the Civil Procedure Code (CPC), 1908.
1. JUDGMENT (Section 2(9) CPC)
Meaning:
A judgment is the statement of reasons given by the Judge for arriving at a decision.
Exhibits are documents or material evidence relied upon during the trial, formally admitted by the court and given exhibit numbers.
Examples of Exhibits
Sale deed
Agreement to sell
Photographs
Receipts
Medical reports
CCTV footage
Expert reports
How Exhibits Are Marked?
Plaintiff’s exhibits:Ex. PW-1/1, Ex. PW-1/2, etc.
Defendant’s exhibits:Ex. DW-1/1, Ex. DW-1/2, etc.
Exhibits become part of evidence after they are proved and marked by the court.
2. What Are Annexures in Civil Pleadings?
Annexures are documents attached along with pleadings or applications, only to support or strengthen the written pleadings.
They are not evidence yet. They are only attachments, not exhibits.
Examples of Annexures
Copies of notices
Copies of reply
Email/Webpage printouts
Ledger/statement copy
Photographs (before admission)
Any supporting document to show prima facie case
How Annexures Are Numbered?
Annexure P-1, Annexure P-2 (for petitioners)
Annexure R-1, Annexure R-2 (for respondents)
Annexures remain annexures until proved in court.
3. Key Difference Between Exhibit and Annexure
Feature
Exhibits
Annexures
Stage
During evidence
During filing
Purpose
Used as evidence
Used as supporting documents
Court marking
Yes (Ex. PW/DW…)
No court marking
Admissibility
Evidence only after proof
Not evidence unless later proved
Given by
Court
Party
Legal effect
Strong – forms part of evidence
Limited – only supports pleadings
4. When Do Annexures Become Exhibits?
An annexure becomes an exhibit only when:
✔ It is shown to witness during examination ✔ Opposite party is allowed to inspect ✔ Court admits it in evidence ✔ Court marks it as an exhibit
Until then, it is not evidence.
5. Practical Example
Situation:
A plaintiff files a suit for recovery of ₹5 lakh based on an agreement.
In the Plaint:
Agreement copy (Annexure P-1)
Legal notice copy (Annexure P-2)
Postal receipt (Annexure P-3)
During Evidence:
When plaintiff (PW-1) comes for examination:
The agreement is shown to PW-1 → marked as Ex. PW1/1
Postal receipt → Ex. PW1/2
Legal notice → Ex. PW1/3
Now all annexures become exhibits.
6. Why Are Exhibits Important?
✔ Court relies on exhibits only, not annexures ✔ Judgment is based on admitted evidence ✔ Exhibits help prove:
Ownership
Relationship
Transactions
Payments
Injuries
Loss, damage, breach
7. Why Are Annexures Important?
✔ Help court understand the case at filing stage ✔ Useful to support interim applications ✔ Guides court in granting temporary injunction or stay ✔ Shows prima facie case
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:
Court rules require prior notice to the other party
You are seeking interim relief (like stay, injunction, status quo)
The matter is not extremely urgent
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.
Quick Summary
Topic
Explanation
Meaning
Formal request notifying the court & opposite party about an application
Judges form a subconscious impression within seconds. ✔ Start with clarity ✔ Speak slowly ✔ State your core point early
Even if the hearing is short, a sharp opening line can shift the judge’s attention instantly.
2. Use the “Case Theory Anchor”
At the beginning, say ONE sentence that summarises your entire case. Example: “My Lord, the entire case is about lack of intention, which the prosecution has failed to establish.”
This becomes an anchor the judge keeps returning to.
3. Never Argue Every Point — Argue the Winning Point
Smart advocates drop weak arguments. ✔ Identify the 2–3 strongest issues ✔ Repeat them strategically ✔ Leave the rest for written submissions
Judges appreciate precision.
4. Use “Reverse Questions” During Cross-Examination
Instead of directly challenging a witness, ask questions that force them to lock themselves into a version. Later, destroy that version. This psychological method is used by top criminal lawyers.
5. Always Carry 2 Extra Copies of Key Judgments
Judges often ask: “Counsel, place the judgment before me.” If the court server or stenographer is slow, you win time and impression by handing over copies instantly.
6. Learn to Read the Judge’s Pace
If the judge is in a hurry ⟶ give short points. If the judge is relaxed ⟶ explain the law deeply. Never speak long when the bench appears impatient.
Courtroom psychology is as important as law.
7. Always Keep a One-Page “Hearing Sheet”
Include:
Facts in 5 lines
Issues
Relief sought
3 strongest judgments
Place it on top of your brief. This avoids last-minute confusion when the matter is suddenly called.
8. Use Silence as a Strategy
After a strong point, pause for 2–3 seconds. Judges often write during this pause. Silence gives power to your words.
9. Never Interrupt Opposing Counsel—Interrupt the Point
If you interrupt the lawyer, the judge may feel irritated. Instead, say: “My Lord, this point is factually incorrect.” Target the argument, not the person.
10. Always End With a “Simple Relief Sentence”
Before ending, clearly state: “Thus, the applicant respectfully prays for ______.”
Judges remember the last sentence clearly. Clarity = stronger chance of relief.
Bonus Expert Tip
Courtroom is 70% psychology, 30% law. Confidence, clarity, and timing win cases as much as legal provisions do.
