Fresh filling
sandeep rane
(Querist) 07 February 2014
This query is : Resolved
we have withdrw earlier suit to file on the same cause of action with permission of court.
In earlier suit we had following parties:
1.a
2.b
3.c
In new suit we have following parties :
1.b person
2.c person
3.d person
4.e person
5.f person
6.g person
7.h person
8.i - society of building
9.j - police station
10.k - inspector of police station
11.l - inspector of police station
12.m - inspector of police station
13.n - statutory body owned by state
14.o - state.
all these parties are necessary to the suit & I want to know that before filling a fresh suit on the same cause of action Do we need to give prior notice to above parties If yes then to which and for before how many days and for what period of time and under which section ? Please state clearly I am confused on this because I have got different different opinion on this issue.
Kiran Kumar
(Expert) 07 February 2014
You need not give notice to the parties before filing the suit. You have got sufficient liberty from the court while withdrawing the previous suit.
T. Kalaiselvan, Advocate
(Expert) 07 February 2014
You are including state, so notice under section 80CPC to be issued to state, police and other governmental organisations, as it is all the parties are to be given notice on fresh suit though the cause of action is same, if notice is mandatory.
Devajyoti Barman
(Expert) 07 February 2014
Except the state there is no legal compulsion to send notice to file a civil suit.
Rajendra K Goyal
(Expert) 08 February 2014
For case against Government or its department notice u/s 80 CPC need to be send.
sandeep rane
(Querist) 08 February 2014
in case of state of maharashtra to whom, I can give notice ?
I am thinking of sending it to the chief secretary of the state .
In case police station I will send it to the polices station and in case of statutory body to its office .Is it right ? Can I proceed to send ?
sandeep rane
(Querist) 08 February 2014
in case of state of maharashtra to whom, I can give notice ?
I am thinking of sending it to the chief secretary of the state .
In case police station I will send it to the polices station and in case of statutory body to its office .Is it right ? Can I proceed to send ?
Raj Kumar Makkad
(Expert) 08 February 2014
Chief Secretary of the State duly represents State of Maharashtra but the notice for police should be sent to the SP of the District.
