Cassie Lebbe Marikar vs Aruna Chalam – clr volume 1 page 061

In the case between Uduma Lebbe Marikar (Plaintiff) and The Fiscal (Defendant), the court addressed the issue of whether a letter from the plaintiff’s proctor, merely claiming damages without an explicit threat to commence proceedings, qualified as a sufficient “notice of action” under Section 21 of the Fiscal’s Ordinance, 1867. It was held that such a letter, lacking any indication of intended legal action, does not meet the statutory requirement for notice of action. The principle reaffirmed that, for statutory compliance, a notice of action must expressly communicate an intention to initiate legal proceedings if the claim is not satisfied. This decision relied on statutory construction and legal precedent, clarifying the precision required in statutory notices under the Fiscal’s Ordinan