Significance of Notice
Pramod Kumar
(Querist) 13 April 2009
This query is : Resolved
Dear Members,
Would like to clarify and see your opinion on the following points.
1. Can suit of civil nature for recovery of money be filed without giving notice to the other party.
2. Can a suit be filed against the other party without giving reply notice to the other party who has sent a notice for the same case.
Regards,
Pramod
n.k.sarin
(Expert) 14 April 2009
Mr. Pramod, there is no bar to file a suit for money recovery without giving notice to the other party.
2. Suit can be filed against the other party without giving reply notice.
Now I would like to clarify that if you do not give the reply of a notice and be silence,in the proceeding court may take presumtion against you.
Y V Vishweshwar Rao
(Expert) 14 April 2009
I agree with Mr Sarin!
By Suit Notice/demand in money suit, the party may pay on notice , if suit notice is not givne - in that cases the plaintff may lose cost and interest at discretion of the Court.
If a Reply is not given to suit notice , the court may presume that he has no reply and that amounts to admission in somce cases .
No need to give suit Notice/demadn before filign the suit , but it is reasonable to give such Suit Notice and if Notice is given the other party shall reply to avoid any interpretation by the Court .
Pramod Kumar
(Querist) 15 April 2009
Dear Esteemed Member,
I appreciate your prompt response to my query but I need to have some more clarity on the ambiguity I have reached in my mind.
1. As said by Mr. Sarin, if you don't reply to the notice, the court may take cognizance/admission against my client and therefore it may act against my client.
2. Which is the best option to proceed ahead now.
(a) Give a reply notice and then file the suit.
(b) File a suit and prove the grave circumstances that may act against my client as a result in delay for giving reply notice and then filing the suit.
Awaiting your suggestions.
Regards,
Pramod
Y V Vishweshwar Rao
(Expert) 15 April 2009
1 The Plainitiff's suit notice is not replied by the Defendant , the presumption will go agaisnt the Defendant
2- Where there is uregency (limitation Problem) the suit notice need not be given and the same can be pleaded in the plaint that there is no time to issue suit notice
3 So also , in the case of reply , there is no need to reply- to the Defednat's notice-reply notice
Pramod Kumar
(Querist) 16 April 2009
Dear Members,
Thanx for all your support and enlightening views. Pls keep up the good work for beginners to learn from your experiences.
Regards,
Pramod
Pramod Kumar
(Querist) 16 April 2009
Dear Mr. Rao ji,
I hope you are contributing a lot to this profession by sharing your thoughts and ideas with other people.
Personalities like you are much needed in this profession where no one shares their ideas.
Regards,
Pramod
