Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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B.P. Bhardwaj (delhi)     04 June 2010

CAN WE FILE CIVIT SUIT

Sir(s)

We have issued a legal notice under civil procedure to 2 (two) parties,  withdrawn legal notice issued against one party only. Can we file civil suit for remain one party only?

Kindly advise

Best Regards

B.P. BHARDWAJ



Learning

 7 Replies


(Guest)

Yes.

Devajyoti Barman (Advocate)     06 June 2010

What is the purport of the notice. If it remains the same and unseparable from each other leading to withdrawal of  claim against one amounts to that of against another then you may not file case aganist the other.

O. Mahalakshmi (Law practiece)     07 June 2010

Yes, you can file the suit against one party.

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     08 June 2010

sir,first of all i would like to know for what purpose you issued the legal notice because legal notice is the back bone for filing the case.

you already send withdrawn the lgal notice to one party what is the reason for withdrawl of the notice.

 if u r client comes  to court with clean hands he has a right to file a suit to redressal the gravences law wont say not to file a suit

but in trail u have to answer the question for not filing the suit aganist the secound party

if the secouund person is necessary party to the legal proceedings your suit will be dismissed for non-joinder of necessary party

so, for that purpose i want to know what kind of notice sent by u

Basavaraj (Asst, Manager-Legal)     08 June 2010

Mr.B.P. BHARDWAJ

Most of the members expressed purpose of sending legal notice and reason for withdrawal the notice against 2nd party. As understand getting clear feed back you must provide the above details because lawyers cannot make magic by assuming your opinion.

 

As far as 1st party is concerned legal proceedings may be initiated against him. However you can also make 2nd party as one of the party to this proceedings. Please note onus lies on you to prove that 2nd party is necessary party to this suit, if not court has got power to dismiss your suit as said Mr.Srikanth.

 

Further note that if you desire interim relief from the court you need to show the following.

1.      Prima faice of the case

  1. Gravity of the case
  2. Balance of convince of the case.

 

Regds

BASAVARAJ.R      

raj kumar ji (LAW STUDENT )     08 June 2010

YES U CAN DO IT .

kranthi (retainer advocate)     17 June 2010

i  agree with srikanth


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