Is notice necessary

Ambadas-Unde (Querist) 19 October 2010 This query is : Resolved
The matter relates to public trust property, sale unauthorised by law, forged documents etc. Is it necessary to give notice before filing suit ?

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Kirti Kar Tripathi (Expert) 19 October 2010
no it is not mandatory but it is always better to give notice before taking any action, it will serve two purpose 1. the party was given opportunity to correct his action 2. the reply will disclose his defense, which would gong to take, in case any action is taken in this regard.

Rajeev kulshreshtha (Expert) 19 October 2010
Well advised Sir.

pawan sharma (Expert) 19 October 2010
publice trust come under the Distt. Magistrate jurisdiction, so informed to the D.M. he should take the action against that fallow.

Devajyoti Barman (Expert) 19 October 2010
No, it is not mandatory and it does not come under the jurisdiction of DM . The court of law( District Judge) is very much equipped to deal such cases.

aman kumar (Expert) 19 October 2010
agree

Raj Kumar Makkad (Expert) 19 October 2010
No.

pawan sharma (Expert) 19 October 2010
dear Barman ji DJ have noly the power when the matter was file before him in original jurisdiction or in appeal, revision but in that matter DM has a power under the Act.

Uma parameswaran (Expert) 19 October 2010
No.

Sri Vijayan.A (Expert) 20 October 2010
Regarding Notice, I agree with Sri.Tripathi

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