cpc

whether legal notice / advocate's notice legally mandatory ?


As per Code of Civil Procedure, it appears that Legal Notice / Advocate's Notice need to be served prior to a Civil Suit, only if the opposite party is Government / Government Officer ( Section 80 of CPC ).

But, practically in all Civil Cases Legal Notice / Advocate's Notice is seen to be served prior to suit.

QUESTIONS :

(1)Is Legal Notice / Advocate's Notice legally mandatory prior to filing all non - urgent Civil Suits ?

(2)Should such notice be served on all opposite parties ?

(3)Should the Act and sections of the Act that form basis of the Civil Suit, be accurately specified in such Notice ?

(4)Would the Court reject the Civil Suit for not following proper legal procedure, if such Notice is not served on all opposite parties, or, if the Act and sections of the Act is not accurately specified in such Notice ?

(5)Could the plaintiff specify one Act in such Notice, and then file Suit under an entirely different Act ? 

KINDLY HELP !!!

 
Reply   
 
Lawyer in Hyderabad.wats app no.9989324294

Often I have been asked, whether a person could send a legal notice without the compulsion of engaging in a court battle? The fact is that there is no such compulsion, many a times those who are willing to go through a court case settle on legal notices instead. Particularly small and new businesses that face issues like non payment or non-fulfillment of contract choose to test waters by sending a legal notice. They don’t have willingness to invest their time or money in a legal battle. 

One may ask then why such businesses bother with a legal notice in the first place; because there is a chance that the other party may respond favorably to a notice. If the businesses just give up then the chances of recovering money or fulfillment of contract is 0%. However, if you take a chance with a legal notice the probability goes from 0% to 50%. Is it worth it?? That’s for you to decide.

 
Reply   
 


Social Worker

As per Code of Civil Procedure, it appears that Legal Notice / Advocate's Notice need to be served prior to a Civil Suit, only if the opposite party is Government / Government Officer ( Section 80 of CPC ) CORRECT But, practically in all Civil Cases Legal Notice / Advocate's Notice is seen to be served prior to suit. QUESTIONS : (1)Is Legal Notice / Advocate's Notice legally mandatory prior to filing all non - urgent Civil Suits ? NO. IT IS NOT MANDATORY BUT NORMALLY A PARTY INTENDING TO SUE SENDS NOTICES . THE IDEA BEHIND THIS IS TO MAKE IT KNOWN TO THE PARTY THAT THE PETITIONER IS MAKING A LAST DITCH EFFORT BY SENDING THE NOTICE. IT ALSO LENDS CREDENCE TO THE STORY OF THE PETITIONER AS IT EXPRESSIVELY STATES THE LIABILITIES OF THE DEFENDANT (2)Should such notice be served on all opposite parties ? NOT APPLICABLE AS THERE IS NO NEED TO SEND NOTICE (3)Should the Act and sections of the Act that form basis of the Civil Suit, be accurately specified in such Notice ? NOT APPLICABLE AS THERE IS NO NEED TO SEND NOTICE (4)Would the Court reject the Civil Suit for not following proper legal procedure, if such Notice is not served on all opposite parties, or, if the Act and sections of the Act is not accurately specified in such Notice ? NO (5)Could the plaintiff specify one Act in such Notice, and then file Suit under an entirely different Act ? NOT APPLICABLE AS THERE IS NO NEED TO SEND NOTICE KINDLY HELP !!!
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

IPC Grand Course     |    x