Specific performance

sharath urs (Querist) 06 July 2011 This query is : Resolved
Is it mandatory to issue legal notice before filing suit for specific performance,

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Gulshan Tanwar (Expert) 06 July 2011
whenever you are using the word mandatory -- it itself shows that you ought to issue ---

Advocate Rajkumarlaxman (Expert) 06 July 2011
notice is a must

Advocate Rajkumarlaxman (Expert) 06 July 2011
is he submits that he is will to comply in the case filed without ntoice then you will waste your ti me and money and hence also ntiice should be issued

S. Bharath (Expert) 06 July 2011
Notice is necessary to substantiate the mandatory averments of readiness and willingness, besides proving demand and omission to comply with the demand.

Ravikant Soni (Expert) 06 July 2011
No statutory requierement of notice prior to file suit for specific performance of a contract but the plaintiff is ready and willing to perform his part of the contract should be strictly proved by acceptable evidence. In such condition a prior notice may be a proof of readiness and willingness.