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pun (eng)     24 June 2014

Can advocate issue court notice returnable to his address

Dear Members,

1. an advocated by taking the court notice from can send by R.P.A.D. to the other party where his address is given as name of sender and also the acknowledgement with RPAD is also having his address only.

2.  should it be having the court address only to send the acknowledgement to court only.

Please let me know if there is any law point / rule / judgement in this regard where the advocate is not allowed to do the same.


Thanks



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 June 2014

Sending a stern legal notice to someone who has wronged you is a good first step to get your issue resolved.

Whether it is standing up for your rights or getting your hard-earned money back, sometimes taking the legal route can be the best and the only way forward. Legal notice sent by lawyer to the respondent. address only.  Acknolodgement will get back by the sender lawer only. 

Dr J C Vashista (Advocate)     25 June 2014

A court notice has to be sent by the court with Ack card having the address of court but not of an advocate

pun (eng)     25 June 2014

Thanks Vashist sir for quick reply.

My query is in this regard only. Court has not ordered for issue notice but this advocate by colliding with concerned clerk secured the notice and sent it to my address which is no mentioned anywhere in the case or application. Moreover he mentioned his own address as returnable address.

Can you please provide the reference of any law point / rule / judgement in this regard where the advocate is not allowed to do the same.


Thanks

K.K.Ganguly (Advocate)     26 June 2014

In Consumer Fora and also Debt Recovery Tribunals, the notices isued by the Forum/Tribunal are sent by the Advocates of the Applicants to the Defendants.

T. Kalaiselvan, Advocate (Advocate)     26 June 2014

If the court has ordered private notice, the advocate can very well send the notice with his own address as sender, it is legal.

gd dy (gd dy)     27 March 2015

@ Mr. T. Kalaiselvan, Ld. Advocate,

like to knw hw to differentiate btwn a private notice and not an initiative of ld. adv. of petitioner.


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