Response

A means of notifying parties of their intention to commence legal actions is known as legal notice. The undeliverable legal notice will prevent the suit from being filed under section 80 of the Code of Civil Procedure of 1908. A legal notification must be acknowledged in order to be legitimate. If the legal notice is not received because the recipient is not at home or because the legal notice was delivered to the incorrect address, the notification must be resent to the proper address. The legal impact of a legal notice is determined by whether it was delivered or came to the noticee’s attention. If the party fails to attend on the scheduled hearing date, the court will dismiss the case.

However, the duty of the complainant is limited to sending the notice to the last known address of the party. if he has done so, then the notice will be deemed to have been delivered. They must try to sent the notice at least three timmes.This wont stop the court from proceeding with the matter. You will have to file a complaint again. The court may, however, refuse to take cognizane of the mattter on the ground of prejudice.

Reference:  – – AHG254 – 202100581 – 133 – 176- 202100179202100424032

LAWAYZ-2023-1018