How To Respond To A Pre-action Letter And What Is The Limitation Period?

Published date11 June 2021
Subject MatterLitigation, Mediation & Arbitration, Trials & Appeals & Compensation
Law FirmSinghania & Partners LLP, Solicitors and Advocates
AuthorMs Pragya Jain

Response to pre-action letter

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:

  • The reply has to be addressed to the lawyer of the person or to the person who has sent the notice.
  • Name, description and address of the sender must be provided.
  • Mention the facts of the issue with the relevant dates, events and time. Then, refute the allegations made against you by the sender.
  • It is advisable not to admit or accept any of the allegation made by the sender.
  • If you have any grievances against the sender, mention them This will form as a part of your counter-claim.
  • Provide a summary of your defence to the issue. Question Set:

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...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT