Notice u/s 80 cpc, requirement

Vikas K Goswami (Querist) 06 January 2012 This query is : Resolved
is advocate requires written consent of client to file legal notice u/s 80 CPC,
if no then what if client says later that the client has not asked the advocate to file/send such notice on clients behalf...

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Devajyoti Barman (Expert) 06 January 2012
The client may say so but the court hardly considers such lame excuse.

Shailesh Kr. Shah (Expert) 06 January 2012
After getting vakalatnama, advocate can send notice.

DEFENSE ADVOCATE.-firmaction@g (Expert) 06 January 2012
It is always better to take signature of the client on notice.

Nadeem Qureshi (Expert) 06 January 2012
I agree with Mr Shah, if the client signed vakalatnama, the advocate has the right to send or recived any type of documents in client benefit.

Rajeev Kumar (Expert) 06 January 2012
Yes i agreed with shah

Deepak Nair (Expert) 06 January 2012
Advocate can send, but it is advisable to get signature of the client on the draft notice before sending.

Advocate Bhartesh goyal (Expert) 06 January 2012
Though there is no legal requirement to get vakalatnama from client to issue notice but to refrain from false allegations it will be better to get signature of client on notice.

prabhakar singh (Expert) 06 January 2012
Legally only oral instruction is sufficient but as experience with clients is changing it is desirable to take their sign on notice,neither vakalatnama is required nor can it serve the purpose at the time of sending the notice.

M/s. Y-not legal services (Expert) 06 January 2012
since section 80 of c.p.c deals about notice to govt., its advised to issue notice with client's signature also.,

-tom-

Raj Kumar Makkad (Expert) 06 January 2012
Though none shall pay any heed towards the false claim of the client refusing instructed the counsel to send legal notice on his behalf but professional ethics now require to get signature of all such client either on the notice to be sent or on separate vakalatnama.

After all facts of the case pleaded in the notice belong to a particular client who might have told to the lawyer otherwise how is it possible for such lawyer to send the notice containing facts and a relief favouring such client?

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