Can we file written arguments for i.a ?

the judge would consider the written statement and the oral statements made out will be noted and decide the order on merits

@Mahesh.  I have given one draft of Writ petition to one of my clients.  It contains two prayers.  One prayer is for implementing the orders of Tribunal which my client got in his favor.  Another prayer is for compensation for delay and not implementing the order of Tribunal by the respondent (government).  I have written some four points strongly contesting the case of my client about compensation which run into four to five pages.

Now the judges have no time to read it.  They have more than two hundred cases lined up for them for hearing.  Due to some reasons my client appeared as party in person in hearing.  Case is in admission stage.  The very purpose of filing the Writ is for adjudication on both issues viz., compensation and implentation of Tribunal orders. We have gone to high court without filing Contempt of court against government.  I have cogently narrated all reasons with powerful logic as to why the compensation should be adjudicated by High court itself and why the case should be admitted.

My client is not a greedy person.  Though I had been insisting that you are eligible for compensation, he only wants the order of Tribunal to be implemented, he does not have any expectations about compensation.  He has a tendency to behave like a good samaritan when asked about compensation.  Suppose he says, "I am not particular about compensation", can the judge simply pass one line order ignoring everything that is represented in written saying, "As there is inconsistency between what is represented in written and what is being admitted before us, we direct the petitioner to pursue his remedy in Hon'ble Tribunal". (If you don't want compensation why you have come here...is what the meaning behind this order).

Can he do that?  This is my question.  Anyone may enlighten me on this.  It is very important for me to know this.

I am very eager to know if written arguments can be submitted directly to the magistrate by post or courier in 125 crpc. This is important for persons contesting the case in different districts or perhaps from abroad....

Your advice is greatly appreciated,

Regards,

They don't have time to hear.  You ask them to read?  What a fun!!

Mr. Vivy.  Courts are there to give reasons to the arguments put forward by contestants.  Without giving reasons if courts are to give judgments there is no difference between government and court.  Sarkaari attitude kahte hain kabhi sunaa hain.  MAIN KAH RAHAA ISILIYE TU FOLLOW KARO.  This is sarkaari attitude.  But courts are there to explain reasons to people when they put forward their arguments written or oral.  If they do not put forward the reasons as to why they agree with the winning contestant or disagree with the losing contestant, there is no difference between judges and government/sarkaar (monarchs).

These days judges do not go through the written arguments submitted by the contestants with the excuse that there is heavy overload of pending cases.  They expect that litigants appoint good lawyers to spoon feed them the case in an easy manner and they deliver judgments without having to apply their brains.  So my humble suggestion is forget.  Even if you file written arguments through proper channel nobody is going to care for them.  And you are talking about sending them through post directly.  That will not happen even in 3000 A.D. in India.

Courts are there to explain reasons and people have a right to question, argue their cases, and judges must explain reasons.  Otherwise, they will be called monarchs not courts functioning in democracy. If people feel that they are standing before a monarch instead of standing before judge something is wrong with the judge.  We have to throw such judges away from system. But unfortunately we have many such judges.  Hence the situation is hopeless please do not think about written arguments and all.

I want to write in one of my client's case in written arguments like this in the end :  I have nothing more to add, I have explained my case in depth to the best of my knowledge.  I have no money to appoint advocates to argue my case.  My age does not permit me to come to court and appear in hearing.  This is not a criminal case as well that warrants my presence.  Hence I pray the hon'ble court to read the contents of this petition and decide on the merits of my case instead of expecting me or my counsel to appear during hearing.  Because of this reason if I am put to disadvantage of not being able to rebut the arguments posed by the contesting party or his counsel it does not matter.  I will be at loss if that is the case the court has nothing to lose.  Hence even if the contesting party have better arguments to make and I have to lose my case whatever I have to say is only the content in written arguments.  Hence please decide the case based on my written arguments alone and pardon me for not attending hearings and appointing advocates to attend your hearings. 

He is an old man.  What is wrong in pleading like this?  But preposterously, this will surely fail.  Because even to read this, the judge has to go till last paragraph in the content filed.  And there is no guarantee that judge will read till last paragraph to locate this.  Hence this will fail.  Hopeless system man!

Trial court judgements depend upon the facts proved before it and not based on the lengthy, flowery and artificial arguments profelled before the judge.  If your client is not in a position to engage an advocate due to poor financial conditions, he is allowed to engage an advocate from legal aid cell and if he is old enough to appear in the court, his counsel can take expemption from personal appearing except on the date of his evidence.  once that part is over, he can file the written arguments prepared by you.  Without cross examining the other party's witnesses and presenting himself for examination and cross examination, if any one wants to criticise the system, what can I say?