Is legal notice mandatory before someone file a case in court?

niky...... (Querist) 16 February 2013 This query is : Resolved
Is sending a Legal notice to Defendant(tenant) mandatory before the Plaintiff (owner of flat) file a case in court?
The case is regarding a rented house.

Thanks.

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ANIL KUMAR 8867907494 (Expert) 16 February 2013
Require of Issuance of legal notice varies from case to case basis , in ur case it is must

R.K Nanda (Expert) 16 February 2013
in ur case mandatory.

niky...... (Querist) 16 February 2013
Thank you for your reply. It helped.

One follow up question on that, if i (defendant/tenant) have already submitted the WS file and i have not mentioned this point in it that I was not given this mandated notice and the matter was directly taken to court bt Plaintiff. How can i add this point now?
The case framing is still not done? What can I do in this situation?

ANIL KUMAR 8867907494 (Expert) 16 February 2013
U seek for amendment of ws

niky...... (Querist) 17 February 2013
So what shall be the title, for instance for other type of applications we say that ... "Application for..."

So how shall be the title of application for amendment of ws?

R.K Nanda (Expert) 17 February 2013
file application for amendment of WS.

Guest (Expert) 17 February 2013
Agree with experts.

ajay sethi (Expert) 17 February 2013
your lawyer will do the needful

niky...... (Querist) 17 February 2013
Thank you very much all of you.

niky...... (Querist) 17 February 2013
Also, because the prior notice that needs to sent before filing case in court was never given. Can i ask the court to dismiss the case?
The case is currently in a status where the framing is about to be done but not yet started.
So can i put this point in the application of amendment of WS that the court should think of dismissing(or in defendant's favour) the case as the prior notice was not given to me.
Also will this make my case stronger or will it be of not much use?

V R SHROFF (Expert) 17 February 2013
You Amend your WS, and raise your obection; that notice was not issued prior to filing petition.

niky...... (Querist) 17 February 2013
Okay, thanks.

Raj Kumar Makkad (Expert) 17 February 2013
Nothing to add more.

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