DRAFTING, PLEADING AND CONVEYANCE

PROJECT ON
“DRAFTING OF NOTICE”

BY-
VENKATESH KIRTI
BA. LLB (HONS.)
ROLL- 1183 OF 2014 – 2019

SUBMITTED TO
DR. B.R.N SARMA
ASSISTANT PROFESSOR OF LAW

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

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 AKNOWLEDGEMENT
Writing a project is one of the most significant academic challenges I have ever faced. Though this
project has been presented by me but there are many people who remained in veil, who gave their
all support and helped me to complete this project.

First of all, I am very grateful to my subject teacher DR. B.R.N. SARMA without the kind support
of whom and help the completion of the project would have been a Herculean task for me. He
donated his valuable time from his busy schedule to help me to complete this project and suggested
me from where and how to collect data.

I am very thankful to the librarian who provided me several books on this topic which proved
beneficial in completing this project.

I acknowledge my friends who gave their valuable and meticulous advice which was very useful
and could not be ignored in writing the project.

VENKATESH KIRTI

ROLL- 1183 4TH YEAR

BA. LLB. (HONS.)

2014-2019

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 INDEX

Sr.No. Topic Page No.

1. INTRODUCTION 4
2. CONTAIN OF LEGAL NOTICE AND PROCEDURE 6
3. REPLYING TO LEGAL NOTICE AND CHECKLIST 9
4. NOTICE AND DRAFTS 11
5. CONCLUSION 17
6. BIBLIOGRAPHY 18

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 CHAPTER 1: INTRODUCTION:

In today’s world we enter into numerous litigations with individuals/firms wherein filing of civil
suit becomes imperative which we do generally file. Some individuals/firms enters into litigation
straightaway while others opt for serving a notice upon opponent of giving out intention filing of
a civil suit in court of competent jurisdiction. There are certain legislations which make it
mandatory to file a legal notice before filing any litigation otherwise that litigation will be bad in
law. For eg. The Negotiable Instruments Act, 1938. It therefore becomes important for us to
understand as to what is meant by Legal Notice which is discussed herein.

DEFINITION

A “Legal Notice” is a notice indicating your opponent that you are preparing to litigate a lawsuit
against him in case the so called demand is not fulfilled.

In case of alternative procedures to be taken up by the parties the parties may resort to an expedite
procedure rather than proceeding for the trial in case of the suit.

Some of these alternatives are:

 Negotiation (e.g., an exchange of letters between the parties);

 Mediation
 Arbitration1

Taking a case to court can be an expensive and slow way of solving your problem. Many a time
alternatives as mentioned above may serve out to resolve matter without even going to court.
Nobody wants to waste their time & money in litigating over matter which can be resolved by
negotiations very well. These days, even companies while entering into contacts with
individuals/firms makes it obligatory on their part to specify clause stating that disputes are to be
settled through arbitration instead of going to court.

However, when negotiations do not work, an individual/firm need not require to directly file a suit
in court of law. Individual may serve a Legal Notice demanding resolution and giving clear

1
Section 89, Code Civil Procedure, 1908.

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intention of filing a lawsuit whereby there are chances of resolution of dispute through settlement
avoiding law suit trials that run for years together.

Legal Notice is filed generally in civil cases. In criminal cases, no legal notice is filed as action is
taken by the State who is the supreme power. However if you are seeking civil action against
government you have to first serve government a legal notice. It is only thereafter that you can file
civil suit against government.

Section 80 of Civil Procedure Code,1908 deals with filing of Legal Notice in Civil Cases against
Govt. which is reproduced hereunder:-

No suits shall be instituted against the Government (including the Government of the [(State of
Jammu & Kashmir)] or against a public officer in respect of any act purporting to be done by such
officer in his official capacity, until the expiration of two months next after notice in writing has
been delivered

Exception to filing of Legal Notice – A suit to obtain an urgent or immediate relief against the
Government may be instituted, with leave of the Court, without serving any notice but the Court
shall not grant relief in the suit, except after giving to the Government or public officer, as the case
may be, a reasonable opportunity of showing cause in respect of the relief prayed for in the suit.

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 CHAPTER 2: CONTENTS OF LEGAL NOTICE & PROCEDURE.

It is very important that your legal notice is drafted elaborately covering all things that you demand
from the opponent.

A legal notice must include the following:

 Concise statement of the material facts giving rise to the claim.

 Relief sought by the plaintiff against each named defendant.
 Concise summary of the legal basis for the relief sought.2

PROCEDURE TO FILE LEGAL NOTICE.

1. You can draft the notice yourself or avail the services of a lawyer.
2. The notice should be addressed to the person against whom you have the grievances.
3. Mention the cause that compelled you to send the notice.
4. Mention previous communications regarding the cause of notice.
5. Offer the addressee a reasonable time say 30 days or 60 days to settle the matter by
negotiating and by performing the desired action.
6. Give time in notice for either fulfillment of your demand or giving reply
7. Sent it through Registered AD post.

KEEP A COPY OF RECEIPT OF POST OFFICE AS WELL AS NOTICE.

You can personally send the legal notice without lawyer but it is advised that draft the notice
meticulously, in such a way that it is not lengthy and containing all the material contents related
to the cause.

Though every Legal-Notice can be legally send through person himself also but on the basis of
experience ii is advisable that technical legal notice be drafted by a layer.

Another important thing is the DRAFTING OF THE NOTICE– Many times we do not know the
legal importance and meaning of the usual words which we use in a casual manner — So when
you are writing down the legal-notice than you should be extremely careful about each and every

2
Order VI, Rule 11.

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word that you use and be cautious about not admitting any fact which you may later on want to
deny in a court of law as once the legal notice is dispatched than you cannot make any changes in
that and later on also you cannot make any contradictory statement from what you have already
stated in a legal notice.

Whenever it is material to allege notice to any person of any matter or thing it shall be sufficient
to allege such notice as a fact, unless the terms precise term of such notice or the circumstances
from which such notice is to be inferred are material.3

The identity of the person who issues the notice with the person who brings the suit must be there
before it can be said that Section 80 of CPC has been complied with.4

Where state is a necessary party only by statute, a notice served by only one of the tenure holders
and not by all of them is not a fatal defect.5

If more persons than the one as a necessary party are named in the notice and suit against all of
them is filed the notice is not defective and not invalid on that ground and it does not lie in the
mouth of those other persons to claim invalidity of notice if something is done in their interest and
they would suffer if that had not been done.6

Thus it is necessary to allege the notice of dishonor of a cheque in a suit based on a dishonored
cheque as it is a part of cause of action.7

DESPATCH AND SERVICE OF NOTICE

Statutes and contracts sometimes prescribe the mode of dispatch and services of the notice. In such
a case the mode prescribed has to be complied with. Generally a notice may be dispatched by hand
for personal service or by post. It can be sent either to the party or to his duly authorized agent or
advocate. Services can either be by post or by way of personal service or extended like pasting on
a premise or substituted.

3
Order VI Rule 11, CPC.
4
S N Dutt v. UOI, AIR 1961 SC 1445.
5
Harbans v. Board of Revenue (UP), 1981 ALJ 834.
6
State of UP v. NC Mukherji, 1983 ALJ 1117.
7
Ahmad Hussain v. Chambelli, AIR 1951 Cal 262.

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Some relation to Section 106 of the Transfer of Property Act concerning matters relating to notice
to quit.

Every Notice under Section 106 must be in writing signed on or behalf of the person giving it and
either be sent by post or to the party who is intended to be bound by it or be tendered or delivered
personally to such a party or to one of his family or servants at his residence or if not practicable
then must be pasted at a conspicuous place on the property.

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 CHAPTER 3: REPLYING TO LEGAL NOTICE & CHECKLIST

Although it’s not mandatory, yet it’s always advisable to reply APPROPRIATELY to a Legal
Notice, citing the relevant clauses of applicable Laws. “No Reply to a Legal Notice” can be an
added advantage to the opposite side, if it opts to proceeds to the court. The consequences for non-
replying is not an offence under law, but if replied in a fitting manner, there are chances of putting
an end to the future filing of vexatious cases. The reply should be given within the time stipulated
in the legal notice sent by the other party. But in case it could not be replied due to the
circumstances beyond your control and if there is any inordinate delay in replying, the compelling
reasons may be briefly stated to avoid any misconception in the minds of the other party. If a reply
is not sent for a legal notice, the other side may use it as an advantage to them while drafting the
petition and put blame on you for not complying with the requirements of notice which has
become the root cause for filing the case. The reply to the legal notice is generally welcomed by
the Courts however for not replying to a legal notice will not automatically pave way for an ex
parte decree, since the importance of a legal notice would end as soon as the Court proceeding
starts. Only when you don’t appear in a case despite serving summons on you, shall the Court
passes an ex parte order/decree.

CHECKLIST FOR REPLYING TO LEGAL NOTICE

First of all, read well the contents of the Legal Notice in the context of the Agreement, executed
between the parties.

Secondly, check the limitation. Does the claim still within the limitation period? If the claim is
time-barred, simply one line response to a legal notice will suffice.

Thirdly, check the contractual obligations of the Claimant which he was supposed to fulfill and
the shortfalls, if any, shall be a good defense and one can seek full compliance of contractual
deliverables to counter the payment demand notice.

Fourthly, if short-falls in the contractual deliverables are relevant and non-rebuttable then proceed
expressing your counter-threat of your rights to claim damages against such short-falls of the
opposite side which may deter the opposite side proceeding any further legally.

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Finally, need to mention that “The rights of my Client will be fully protected legally at your cost
and consequences and this reply is without prejudice to any other legal remedy which may be
available to my client”.

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 CHAPTER 4: NOTICE & DRAFTS.

FORM 1. NOTICE UNDER SECTION 80 CPC.

Advocate

_________

Ref: ______

Dated:______

To:

__

Legal Notice Under Section 80 CPC

Sir,

Under instructions from my client Sh. _____, I am serving you with the following notice in
unequivocal:
1. That my client is _____ in the _____ Department for last _____ years and by dint of his hard
work and perseverance got many promotions and presently is holding the _____post/rank of
_____. During entire career as ________, my client has earned as many as _____ and thus
commands good reputation and respectability amongst his superiors, peers and subordinates as
well as amongst the people of society as well as his relatives and family members. My client has
received _____ appreciations from his superiors for displaying keenness of aptitude and devotion
to the profession by means of which he built very good reputation for himself in the assessment of
his superior officers and which deservedly earned him promotion to the _____post/rank of _____.
My client has worked in various places, ie; in the __ thus became familiar and well-known _____
Officer to the masses. By dint of sheer hard work and good grasp of his subject, accompanied by
excellence in the field of work, he has established a fine reputation and has impeccable reputation
in the society.

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2. That my client is a permanent resident of the State of ______ and is presently residing at the
address mentioned above. My client is in the department of _____ of ______ for over many
decades and have long outstanding service career as well as public dealing. During the long career
as public servant my client has long record of distinguished and self-less service and is holding the
key posts in the department of ________. Apart from it all my client is possessing a good reputation
amongst the public, his being the public dealing service. The fact that my client has achieved many
promotions in his careers and is bound to earn many more promotions, bear the testimony to the
fact that my client has good character, moral and exemplary service records throughout. The job
of my client is of public dealings and during the course of his duty he has to deal with large
numbers of public men coming from various strata of the societies from within and outside the
state of ______. As such my client is well-known to the public. My client has good reputations
amongst the people of the State and outside of the state.

3. That you all have jointly got published the news item in your _____ daily "_____ at Column
No. _____, page No. ____ dated _____ wherein you have stated that "_____", which news item is
false, frivolous and vexatious with a view to cause damages by way of defamation to the image
and reputation of my client by publishing a news item in __your Daily News Paper published in
the name and style of "_____ dated _____, which news item was actuated with the malice intent
on your part so as to calculatedly cause irretrievable harm and damage to the reputation, name,
fame and standing in the society of my client hereinabove mentioned, which he has painstakingly
built over the years.

4. That you have deliberately published the news item in your issue of "_____" dated ______ under
the caption '_____, which on the face of itself is offensive, obnoxious and smacks of the underlying
malice and mischief intended by you so as to tarnish the image and reputation of my client and his
other family members and cause embarrassment for them among the public and the said news item
was based on conjectures and surmises and in utter disregard of the standards of journalistic norms
and ethics, and abuse of freedom of publications. The said news item does not carry a fair report
of facts and it rather carries a mal-intention on your part to mud-sling on my client.

5. That the news item has been compiled by you on behest of Sh. _____, in collusion with the
correspondent Sh. ______ and the origin of the news items is "______" dated ______.

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6. That ever since publication of the above news item in the news paper, my client and his family
members have to face embarrassing situation and while going to the public places, such as market
etc they have to hear disparaging remarks from the passer-by. There has been a spate of such
incidence due to which my client and his family members have to confine themselves to their
houses and office and refrain from going to the public places. It is evident that the news item has
been designedly and calculatedly published with the underlying mischief of harassing my client
and his family members which you have succeeded by damaging the reputation and image of my
client publishing the wrong and false news item, which facts are far from truth. The said news item
has caused immeasurable mental as well as physical agonies to my client and his family members
and lowered down the reputations of my client and his family members in the society, amongst
acquaintances, friends, relations and general public and my client and his family members have to
face social ostracism because of wrongful act of yours.

7. That the cumulative direct effect of the said act of publication of news items by distortion of
facts as mentioned hereinabove, individually as well as jointly by all of you was to totally ruin the
career and reputations of my client and obliterate all his contributions to the society and in
administration. This news item has no factual basis and is an act of irresponsibility and a brain-
wave of an irresponsible person.

8. That so much so that the _____ had submitted _____his/her contradiction to the above news
item on _____ by _____fax, which you have deliberately not published in your later editions so as
the damage intended by you to be caused to the reputation of my client can be perpetuated.

9. That my client is entitled to damages for mental torture, harassment, agony, humiliation, which
he and his family members have suffered and are undergoing at present because of wrongful, acts
on your part individually and jointly. My client is entitled for damages for defamation, which he
had suffered since publication of the news item and word of mouth getting circulated thereafter
originating from the news item. My client is entitled for the following amounts which are
quantified as under: -

(a) Damages on account of Loss of Reputation - Rs.________ Lakhs.

(b) Damages for mental agonies, torture and physical harassment - Rs. ______ Lakhs

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10 Now please take notice that you either tender your unconditional apology by publishing in the
future edition of your above daily or pay the damages to my client as quantified above within
__two months on receipt of this notice, failing which my client will be constrained to have recourse
to appropriate legal remedies against you at your risk and expense. Please note that cc is retained.

Yours Sincerely,

______, Advocate.

FORM 2:

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NOTICE AGAINST A PUBLIC SERVANT:
TO ,
MR. C & MR. D, AS THE NO. OF PERSONS MAY BE, SUB INSPECTOR OR ANY OTHER RANK AS
DESIGNATED IN CHARGE OF JAKKAN POLICE STATION, DISTRICT PATNA

AS PLEADER FOR AND ON BEHALF OF MR.A SON OF MR. C BY PROFESSION A DOCTOR AND RESIDING
IN HOUSE NO. 104, KANKARBAGH PATNA, I HEREBY GIVE YOU NOTICE AS FOLLOWS.

IN JAKAANPUR POLICE STATION WHILE YOU WERE STATION OFFICER OF POLICE STATION YOU
MALICIOULY AND WITHOUT ANY REASONABLE CAUSE ARRESETED THE SAID MR. A AND SEARCHED
HIS HOUSE ABD PROSECUTED HIM ON FALSE CHARGE OF MURDER OF HIS WIFE.

THAT WHILE THE SAID MR. A WAS IN YOUR CUSTODY IN THE POLICE LOCK UP AT THE JAKKANPUR
STATION YOU ABUSED HIM AND BEAT HIM UP, GAVE NO FOOD, DID NOT ALLOW HIM TO SLEEP AND
CAUSED HIM OTHER INCONVENIENCES ABD TORTURES IN ORDER TO EXTORT MONEY FROM HIM ABD
WHEN HE DID NOT AGREE TO PAY YOU THE MONEY DEMANDED BY YOU AS BRIBE YOU CHALLANED
HIM AND RELEASED MR. X WHO WAS THE REAL OFFENDER IN THIS CASE.

THAT AFTER A PROTRACTED TRIAL AT WHICH YOU GAVE FASLE EVIDENCES AND PRODUCED
SUBORNED WITNESSES THE SAID MR. A WAS CONVICTED AND THAT THE SESSION JUDGE’S FINDINGS
AGAINST HIM WERE FALSE.

THAT THE SAID MR. A HAD TO UNDERGO GREAT PHYSICAL AND MENTAL SUFFERING WHILE HE WAS
IN THE LOCKUP AS THE UNDERTRIAL PRISONER AND HAD TO SPEND RS. 5,000 IN HIS DEFENCE.

THE SAID MR. A THEREFORE DEMANDS FROM YOU RS. 5,000 AS DAMAGES FOR ASSAULT AND
BATTERY & RS. 5,000 FOR HIS MENATAL TORTURE HARASSMENT AND DURING THE NOTICE AND
5,000 FOR OTHER INCONVENIENCES WHICH AMOUNTS TO A TOTAL OF 15,000 AND GIVES YOU NOTICE
THAT IF YOU DO NOT ABIDE WITH THE TERMS AS STATED WITHIN THE EXPIRY OF TWO MONTHS THEN
A SUIT WILL BE FILED AGAINST YOU FOR THE RECOVERY OF THE SAID DAMAGES FOR THE ABOVE
STATED CHARGES AT THE COURT OF CIVIL JUDGE.

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FORM 3. NOTICE TO PERSONS DESIGNATED IN THE ARBITRATION AGREEMENT TO APPOINT.
To, Mr X.
We A, B and C,D pursuant to clause 13 of the arbitration agreement made between us dated
27/04/17 (Twenty Seventh April, Two Thousand and Seventeen) whereby we agree to appoint an
arbitrator in the event of differences arsising between us, hereby requested you to refer the enclosed
references signed by us for the purposes of adjudication to an arbitrator appointed by you. And we
hereby agree that we shall accept the decision given by the arbitrator as binding and final on us.
Dated this 21/05/17
To Mr.X.
Sd/- A&B
Sd/- C&D

FORM 4. NOTICE OF ASSIGNMENT OF BOND.

To, A.B. (Debtors)

Notice is hereby given to you that C.D. etc has by an instrument in writing dated the27/04/17
(Twenty Seventh April, Two Thousand and Seventeen) absolutely assigned to E & F etc. the bond
dated the 03/03/2017, Third March, Two Thousand and Seventeen executed by you in the said
C&D’s favour. The debt due to him thereunder under the interest already accrued and hereafter to
accrue thereon (or the decree obtained by C&D against you from the court of the Civil Judge at
Meerut Being decree no 1327 dated 27/03/2017 Or the benefit of the contract of sale of 200 bars
of silver made by you in favor of the said C&D on the 19/03/2017 To be delivered on the
27/05/2017 at the rate of 10%).

Sd/-

(Assignor).

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 CHAPTER 5: CONCLUSION

Therefore from this it can very clearly be inferred that the essence of notice has a great feature
when it comes to procedure and its establishment. The notice serves as an instrument of prior
intimation to the parties to whom notice is addressed to have requisite knowledge owing to which
at a later stage the mistake of fact or lack of knowledge cannot not be pleaded.

Under the CPC we have a very clear essence of notice under Section 80 concerning suits against
the Government in which the date for notice is two months prior to the proceedings for serving the
respective parties with requisite knowledge in order to serve the sanctity of the procedure.

Notice draws it utility at the instances of procedure or any substantial change that may bring a
changeover in the interest of the parties.

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 BIBLIOGRAPHY.

1. LAWS

 CODE OF CIVIL PROCEDURE CODE, 1908.

2. CASE LAWS.

 S N DUTT V. UOI, AIR 1961 SC 1445.

 HARBANS V. BOARD OF REVENUE (UP), 1981 ALJ 834.

 STATE OF UP V. NC MUKHERJI, 1983 ALJ 1117.

 AHMAD HUSSAIN V. CHAMBELLI, AIR 1951 CAL 262.

3. BOOKS.

 DRAFTING INTERPRETATION AND DEEDS OF FOREIGN DOCUMENTS., UNIVERSAL BOOK

COMPANY, 12TH EDITION, YEAR 2013.

 FACETS OF DRAFTING AND CONVEYANCING AS PER BUTTERWORTH LEXIS NEXIS

WADHWA PUBLICATION, 10TH EDITION, 2014.

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