Nitin (Manager) 26 January 2017

Cause of action

WE all know that it is mandatory to serve the notice before filing the civil suit in any competent court of law. Suppose in case, the notice had been received by somebody else and the same had not been communicated to the tenant concerned. Can a small cause court commence its proceedings by sending summons etc.

If possible please help me with case laws.

Regards,

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2 Replies

Dr. Atul [9013898936] (Lawyer, Scholar) 26 January 2017

Says who? Notice is not mandatory, only advisable, unless a Statute expressly makes its an essential pre-condition (Section 138 NIA and 272 Companies Act comes immediately to mind, for example, and suchlike).

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Nitin (Manager) 26 January 2017

Thanks Atulji but what about tenancy ?

Suppose I am a tenant and landlord served a notice on my neighbour. Can he proceed to the court of law thereby issuing summons ?

Rgds