i didnt had time to give notice

queryking (Querist) 12 December 2009 This query is : Resolved
suit for specific performance of the agreement, the defendant was trying to sale the property, i rushed to the court without givng notice to the dfendant filed the suit for specific performance of the suit. suit was dismissed , the trail court given the reason that i have nto given notice and i have proved readyness and willingness, i filed the appeal it is posted for arguments. is is necessary to give notice? any citations?

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Srinath Kondapally (Expert) 12 December 2009
your query is not in detail, whether such notice is prior to filing suit or in suit pendency proceedings? if so whether u got any interrim orders? and notice for what? in I.A or in O.S.? pl.comply in detail.and whether such appeal is against I.A. order ? if gives details, can be answered

Raj Kumar Makkad (Expert) 12 December 2009
Your matter is good and court in appeal shall decide the same in your favour.

n.k.sarin (Expert) 12 December 2009
I think Mr. Makkad jee is right.

joyce (Expert) 12 December 2009
prefer appeal, now a days judgments are alike.

Anish goyal (Expert) 12 December 2009
If m not wrong if you have the cause of action then notice is not the condition precedent 4 filling a suit.

adv. rajeev ( rajoo ) (Expert) 13 December 2009
In my opinion notice is necessary because you have to show ready and willingness to purchase the property.

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