Definition Of Notice
Notice can be defined as that communication, which some law or contract declares compulsory, and which is to make its recipient aware of some fact or thing. In other words, state of awareness of some fact or thing is called notice when such state is declared compulsory by some law or contract.
Circumstances Under Which Notice Is Served Upon Opponent Party?
Followings are those circumstances under which notice is served upon opponent party:
- Notice before initiation of litigation
- Notice immediately after initiation of litigation
- Notice during litigation
1. Notice Before Initiation Of Litigation :-
Aggrieved party can send notice to opponent party before initiation of some litigation in either .of following cases:
(i) Contract, agreement or deed
(i) Contract, agreement or deed :-
When some party to contract, agreement or deed fails to perform his/her obligation according to contract, agreement or deed and sending of notice to him/her by aggrieved party is necessary under contract, agreement or deed before initiation of litigation against him/her, then it is compulsory for aggrieved party to send such notice before initiation of litigation.
(ii) Law :-
If some law requires serving of notice upon opponent party before initiation of legal action against him/her, then it is compulsory for aggrieved party to send notice to him/her before initiation of litigation against him/her. For example, it is necessary that notice should be send to respondent before filing of appeal against that order through which application for stay has been dismissed.
2. Notice Immediately After Initiation Of Litigation :-
Here following points are important:
(i) Civil litigation
(ii) Criminal litigation
(i) Civil litigation :-
When some civil action has been initiated against some party, it is compulsory that notice should be served upon such part) so that he/she can become aware of facts of case against him/her.
(ii) Criminal litigation :-
If some criminal action has been initiated against some accused, it is essential that he/she should be given information of charges against him/her.
3. Notice During Litigation :-
There can be circumstances during proceeding before court when it becomes necessary that notice should be served upon a party or both parties. For instance, it is compulsory that notice should be served upon a party or both parties when case has been transferred from one court to another court and any of parties or both parties have not appeared on fixed date.
Why Is Notice Served Upon Opponent Party?
One of admitted principles is that nobody should be left unheard. To follow this principle, it is necessary that every party of litigation should be made aware of facts of case. Due to this reason, notice is considered basic legal requirement of every litigation. In other words, it is necessary that every party against whom some legal action is being initiated should be given information about such action. And it is through sending of notice that he/she can be given such information.
Example of Notice To Tenant Or Defaulter Tenant
Floated From Chamber Of [Advocate Name] Advocate High Court, [Chamber Address of Advocate]
Name with Parent including his/her Caste and Complete Address of Tenant or Defaulter Tenant For Example (Arshad son of Bashir by caste Arian resident of street No. 3, New North Gulgasht Colony, Multan)
Under instruction of my client [Name with Parent including his/her Caste and Complete Address of Client For Example (Shakir son of Shoukat, Caste Syed, resident of House No. 14, New Gulgasht Colony, Multan,)] 1 do hereby serve upon you the following notice:
1. That my above mentioned client entered into an agreement with you for rent of House No. 20, Street No. 3 New Gulgasht Colony, Multan on 01-01-2013.
2. That you as tenant got possession of above mentioned house for a period of three years through this agreement for rent dated 01-01-203, and twenty thousand rupees were decided as monthly rent.
3. That it was settled in this agreement for rent dated 01-01-2013 that rent of every month would be paid to landlord till tenth of every month and there
would be ten percent increase in rent after completion of every year.
4. That you have failed to fulfill all above mentioned conditions of agreement for rent dated 01-01-2013. You have not paid monthly rent for last three months from 01-09-2013 to 01-12-2013. It means that you as tenant have been so far defaulter of sixty thousand rupees till 01-12-2013.
5. That this notice is, therefore, being given to you. Through this notice, you are directed to pay monthly rent of previous three months and vacate rented premises within next seven days after receiving of this notice. In case of your negligence and failure to pay above said amount of rent and to vacate rented premises, my client has legal right to initiate litigation against you. And you will be liable for payment of all expenses, which my client will bear for such litigation.
6. That this notice is being sent to you and copy of this notice has been kept in my office for record.
[Advocate Name of the Client]
Advocate High Court,