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promissory notes

(Querist) 17 July 2010 This query is : Resolved 
Dear advocates,

Whether demand of the amount covered by the pro note is a 'must' before instituting a suit? if a suit is filed without the pleading with respect to the demand of money back, what will be its fate? please give me the citations showing " demand(either oral or written) is pre-disposed before filing the suit based on promissory note
KAMARAJ BHARATHY G (Expert) 17 July 2010
Meaning of the promisery note is on demand the borrower has to pay the loan. If you have filed a suit without demand notice is not a pattent error. This will not affect your right in the suit. At the same time may get an chance to avoid cost of the suit.
Devajyoti Barman (Expert) 17 July 2010
Yes , sending of notice is never mandatory for claiming relief before the court of law unless it has been specifically mentioned in any special act dealing with that subject.
S. Bharath (Expert) 17 July 2010
As the members said, written demand is not necessary. But from your query it is seen that there is no pleading in the plaint about demand. I am afraid the suit may fail.
Devajyoti Barman (Expert) 18 July 2010
I disagree as even in the suit for specific performance the absence of pleading of' readiness and willingness' to complete the purchase is not damaging.Same is in section 15crpc proceeding where of the petitioner fails to mention her destitution and vagrancy.
Uma parameswaran (Expert) 18 July 2010
What is the stage of your case?If there is no pleading then file a amendment petition to that effect.
Rajeev kulshreshtha (Expert) 18 July 2010
if the pronote is on demand than the suit is itself a notice. If defandant deny the liability through WS than the denial of defandant is good ground for suit.
s.subramanian (Expert) 24 July 2010
i endorse the view of rajeev
M/s. Y-not legal services (Expert) 04 December 2010
Yes i agree with mr.rajeev
Advocate. Arunagiri (Expert) 04 December 2010
If the suit itself is a demand, what is the cause of action for the suit. when will the cause of action arise?

So, there must be a demand and refusal, then only a suit can be instituted. The demand need not be by notice, the law does not say that the demand must be by way of notice, it can be oral.

Rest of the things will be taken care of the counsels.


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