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In India, there is no such time limit prescribed under the law for sending a response to a legal notice. In general, the time limit to file a response to a legal notice varies from case-to-case basis, ranging from 15 days-45 days. However, in cases where a period is specifically provided in the statute for the said purpose, the same has to be followed mandatorily. Ordinarily, a party should try and reply to the notice as soon as possible and within the period mentioned in the notice/pre-action letter.
A reply to a legal notice should contain all the necessary facts and averments regarding the case. A reply to legal notice must incorporate reply to all the facts as stated in the legal notice sent by the Claimant, which the respondent wish to state in its defence.
However, it is not mandatory to reply to the legal notice in every case, except in cases where a statutory notice is sent before initiating any legal action. Yet it is advisable to reply to legal notice within the time limit provided in the notice sent by the sender. The consequences of not replying to notice is not an offence under the law, however, one must bring on record the relevant facts/ averments in his defence. In case no response is sent, and a legal action is initiated by the sender, the Court may take adverse inference against the defaulting party.
There is no standard form for a good response but if a person chooses to reply to a legal notice, he/she should make sure that the following information is clearly mentioned:
Limitation period
The legal notice should be issued within the limitation period for filing the suit. [1]
In India, the limitation for initiating any civil action is ordinarily 3 years from the date when right to sue accrues. However, different period of limitation has been provided in some of the statutes. There is no provision for condonation of delay in case limitation period has expired for an action to be initiated under Code of Civil Procedure, 1908. However, in certain acts/ statutes there are specific provisions which entitles a party to seek condonation of delay in case limitation period has expired. Since, pre-action letter is required to be issued prior to initiating the court proceedings, therefore, once the court proceedings have been initiated the same cannot be suspended for the purpose of complying with the pre-action obligations. In cases, where issuance of pre-action letter/ legal notice is mandatory under the statute, the court proceedings shall fail, if the pre-action letter/ legal notice is not issued prior to initiating the court proceedings.
Effectiveness of a pre-action letter
In India, a pre-action letter/notice is considered effective in avoiding the need of legal proceedings as it provides for a platform and a chance to both the parties to reach a consensus without taking the route of the Court proceedings.
It is a well-known fact that the process of litigation consumes lots of money and take long to resolve a dispute. This procedure of sending pre-action letter/notice gives a midways to both the parties to settle the dispute amicably and save their time and money.
Practical tips
Practical tips that should be keep in mind while issuing a legal notice in India:
[1] BSCPL Infrastructure Ltd. v. Government of Karnataka, R.F.A. No. 982/2016
Madam.iam sc member.i want stay order.if I file my case under nalsa.what I done.jau shri ram