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NRV   07 October 2021

Without issueing legal notice we file suit

We are going to file a civil suit without issuing legal notice, because if we issue legal notice defendants file caveat to stop expatriate order etc, so we directly file suit for perceptual injunction suit ask expetriate order. Any issue rise in this??


 4 Replies

Shashi Dhara   07 October 2021

No ,file immediately it comes to knowledge of opposite ,let he defend in court as the matter is urgent.

1 Like

minakshi bindhani   07 October 2021

As per your query concerned

You may file an application for a perpetual injunction in order to protect the scheduled property. But in the meantime, if the defendant filed a memo of caveat. The court cannot reject the plea of defendant.

In several judgements, it was held that when the caveat petition is filed, it was the duty of the Court to afford an opportunity of hearing, before passing an interim order to be passed on an application which was expected to be made or had been made in a suit or proceeding instituted or about to be instituted in a Court.

Hope it clarifies the issues
Regards
Minakshi Bindhani
1 Like

P. Venu (Advocate)     08 October 2021

There is no legal necessity to issue a legal notice unless (all) the defendant(s) happens to be the Government and its various Departments.

1 Like

Kishor Mehta (CEO)     08 October 2021

With due respect to all the Honorable experts, Is it not a legal necessity to issue a legal notice before filing a suit to enable the other party to correct the misdeeds ? Is it not a fact that the Hon. Court would insist on a legal notice to be previously issued ?


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