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    <title>1902 (12) TMI 3 - HIGH COURT OF ALLAHABAD</title>
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    <description>Prior written notice under section 424 of the Civil Procedure Code was treated as a mandatory condition precedent to suit, requiring the notice to state the cause of action, the intending plaintiff&#039;s name and abode, and the relief claimed. A notice issued only in the names of persons who had died before suit, with no indication that their heirs intended to sue, did not satisfy the statutory requirement for the heirs&#039; action. The provision was construed strictly, and the court declined to extend a deceased person&#039;s notice to representatives by implication. The defect could not be cured by allowing the suit to proceed without fresh notice; rejection of the plaint was the proper course.</description>
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    <pubDate>Wed, 10 Dec 1902 00:00:00 +0521</pubDate>
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      <title>1902 (12) TMI 3 - HIGH COURT OF ALLAHABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=292896</link>
      <description>Prior written notice under section 424 of the Civil Procedure Code was treated as a mandatory condition precedent to suit, requiring the notice to state the cause of action, the intending plaintiff&#039;s name and abode, and the relief claimed. A notice issued only in the names of persons who had died before suit, with no indication that their heirs intended to sue, did not satisfy the statutory requirement for the heirs&#039; action. The provision was construed strictly, and the court declined to extend a deceased person&#039;s notice to representatives by implication. The defect could not be cured by allowing the suit to proceed without fresh notice; rejection of the plaint was the proper course.</description>
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      <pubDate>Wed, 10 Dec 1902 00:00:00 +0521</pubDate>
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