Is it necessary to reply within time mentioned in the notice
sameer
(Querist) 29 September 2016
This query is : Resolved
1.Is there is necessary to reply within time mentioned (30 days) in the notice received ?
2.Can we request the opposite adv that we require some more days (add 25 days) to reply due to defendent Busy and not in town right now?
and give reply within additional time requested?
3. Is answerring within additional time is valid in court of law as all proof available with defendent.
sameer
(Querist) 29 September 2016
The above case is a notice send by wifes lawyer to spouse. Is husband can demand extention and reply within such extended time as mentioned earlier.
Guest
(Expert) 29 September 2016
Request can be made to anyone, but grant of extension is his sole discretion.
For the purpose of trial, court is concerned with the subject matter of the OA and its reply, not the reply to the advocate's notice or extension of notice.
R.K Nanda
(Expert) 29 September 2016
State full facts.
P. Venu
(Expert) 29 September 2016
A lawyer's notice, unless there is a statutory or mandatory requirement, is a mere sound and fury; it amounts to nothing. You have the option to reply or not reply at your sweet will.
P. Venu
(Expert) 29 September 2016
Please post the complete and material facts.
Raj Kumar Makkad
(Expert) 29 September 2016
I do agree with the observations mentioned by expert P. Venu.
Kuummaar AS
(Expert) 29 September 2016
More time can be sought but what is the case?
dev kapoor
(Expert) 30 September 2016
Hi,
Reply given by Mr.P.Venu(Expert) is quite satisfatory & complete in all respects.If a particular provision in any law does not require the service of a notice & corresponding reply/action,such notices issued by advocates are a kind of pre-warning for compliance or face trial,as the case may be e.g. notice under s.106 TPA,Houses & Shops Rent control Act,Negotiable Instrument Act etc etc they have provision for service of notice.But if a lawyer tells you to pay Rs.____ to his client within_______(period) & you dont reply the said notice,you will suffer no legal disability.
dev kapoor
(Expert) 30 September 2016
Hi,
Reply given by Mr.P.Venu(Expert) is quite satisfatory & complete in all respects.If a particular provision in any law does not require the service of a notice & corresponding reply/action,such notices issued by advocates are a kind of pre-warning for compliance or face trial,as the case may be e.g. notice under s.106 TPA,Houses & Shops Rent control Act,Negotiable Instrument Act etc etc they have provision for service of notice.But if a lawyer tells you to pay Rs.____ to his client within_______(period) & you dont reply the said notice,you will suffer no legal disability.
Rajendra K Goyal
(Expert) 01 October 2016
You may ask, result totally depend on other party, generally request is not acceded.
You should try to reply after sending the request at your earliest.
Raj Kumar Makkad
(Expert) 01 October 2016
I fully endorse the advice of Ld. Kapoor.
Dr J C Vashista
(Expert) 02 October 2016
Although very well advised/explained by experts Mr. P Venu, Mr Dev Kapoor and Mr. Raj Kumar Makkad, that I appreciate; yet, I find the opinion/advise of the experts is based on presumptions, permutation and combination for incomplete information provided by author.
Sudhir Kumar, Advocate
(Expert) 29 September 2016
