ORDER VI

1THE SUPREME COURT RULES, 1978 1THE SUPREME COURT RULES, 1978. The Supreme Court of Azad Jammu and Kashmir, in exercise of its rule making powers, and in consultation with the Azad Jammu and Kashmir Council, hereby makes the following Rules: PART‑I GENERAL ORDER VI NOTICE OF MOTION 1 Except where otherwise provided by statute or prescribed by these Rules, all applications which in accordance with these Rules cannot be made in Chambers shall be made before the Court on motion after notice to the parties affected thereby. Where the delay caused by notice would or might entail prejudice, or hardship an application may be made for an ad interim order ex‑parte, duly supported by an affidavit, and the Court, if satisfied that the delay caused by notice would entail prejudice or hardship, may make order ex‑parte, upon such terms as to costs or otherwise, and subject to such undertaking, if any, as the Court may think just, pending order on the main application by notice of motion. 2. A notice of motion shall be instituted in the suit or matter in which the application is intended to be made and shall state the time and place of application and the nature of the order asked for and shall be addressed to the party or parties intended to be affected by it and their Advocates, if any, and shall be signed by the Advocate of the party moving, or by the party himself where he acts in person. 3. Save by special leave of the Court, the notice of motion, together with the affidavit in support thereof, shall be served on the opposite party not less than eight days before the day appointed for the motion, and affidavit of service together with the acknowledgment receipt of the service of the notice shall be filed in the Registry at least three days before the day appointed for the motion. Counter affidavits, if any shall be filed in the Registry during office hours not later than 3‑30 p.m. on the day preceding the day of hearing and copies of these affidavits shall be served on the other party or parties to the notice of motion, and the affidavits shall not be accepted in the Registry unless they contain an endorsement of service signed by the other party or parties. 4. Notice shall be given to the other party. or parties of all grounds intended to be urged in support of, or in opposition to, any motion. 5. Save by leave of the Court, no affidavit in support of the application beyond those specified in the notice of motion, nor any affidavit in answer or reply filed later than the time prescribed in these Rules, shall be used at the hearing or allowed on taxation. 6 Unless otherwise ordered, the costs of a motion in a suit or proceeding shall be treated as costs in that suit or proceeding.