Whether legal notice is mandatory before filing suit

dheepak srinivasa (Querist) 19 December 2012 This query is : Resolved
Is it mandatory to send legal notice to the defendant before filing money or mortgage suit.?

If it is mandatory than under which section of C.P.C?

If not mandatory than under which section of C.P.C, ?

Any relevant citations in this regard?

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Raj Kumar Makkad (Expert) 19 December 2012
Law is nothing but a common sense. Until and unless a demand is not raised for return of money or handing over back the mortgaged property and response thereto is not observed, how can a suit be filed thereto and how a cause of action may accrue?

For citation visit www.indiankanoon.com

Nadeem Qureshi (Expert) 19 December 2012
agree with Mr. Makkad

R.K Nanda (Expert) 19 December 2012
yes, it is mandatory.

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