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Adv. Ahmad Jafar Abbasi   10 October 2017

Re-sending of legal notice

Dear all, I filed a consumer case in one of the district forums of Delhi. The registered office of the opposite party company was in delhi but the cause of action arose in Noida. But the judge told me that the matter can only be filed In the court having jurisdiction of the place were the cause of action arose so i had to withdrew the case. My query is that can i just send a letter at the registered office of the company through my client in order to make a fresh cause of action and can i also send a fresh legal notice on the basis of that fresh cause of action.


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 3 Replies

manoj   10 October 2017

 

Yes you can send but limitation will begun from the date of first cause of action. any one cannot stop the cause of the action as per the supreme court order.

 

Manoj

Advocate

8686159292

Siddharth Srivastava (Advocate)     10 October 2017

Have the court permitted withdrawal with liberty to file afresh, if yes, then any fresh notice will vitiate early proceeding and notice and if answer is no, then mere sending a new notice would not create any fresh cause of action. Examine the facts and limitation, principle of reshudicata, consequence of issuance of notice etc before issuing any such new notice.

Adv. Ahmad Jafar Abbasi   11 October 2017

The court has ordered withdrawal with liberty to file before the Noida consumer forum. So, will i have to file before the noida court only or i can send a fresh legal notice. Actually i want to clarify that my main concern is i want to file the case before this particular consumer forum only, so for that i have to show the cause of action within the jurisdiction of this particular forum. So, can i just send some letter to the registered office of the opposite party company through my client demanding the services in order to make a fresh cause of action and then again send a legal notice to the opposite parties.

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