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Abhishek   12 November 2022

Notice after filling a case

I filed a case against a government body without initially knowing that there is a provision that a notice be served against such government body  2 months prior to filling of the case. Now having not followed the mandated procedure the case is likely to be dismissed.

1. What is the remedy to save my case at this stage Any applicable sections of CPC etc

2. Can I now give a notice to govt (after having filled the case)and ask the court to wait 2 months and if the government body acts in such time I will withdraw the case and if not I can continue the proceeding where it stopped before issue of notice. Is there some provision like this law

3. My brother made several complaints on the similar topic (as that of the case filed by me, though not exactly same) on which govt body also partially acted. Can these complaints made by my brother earlier count as notice for the pupouse of my case. What are the special requirement that this notice should fulfill, if any



Learning

 1 Replies

Dr J C Vashista (Advocate)     13 November 2022

What type of case i.e., civil, criminal, service or any other type of case has been filed against government ? Can you share case file with me for perusal and analyses before forming an opinion and advise ?

It would be better to discuss the issue with some local senior lawyer for proper appreciation of facts and necessary guidance. 

Answer to question 2 & 3 is negative.


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