Witnessbox

Querist : Anonymous (Querist) 24 January 2012 This query is : Resolved
sir nite i received one reply regarding witnessbox. thank q sir. sir actully is would have asked in the same query another doubt, but my mistake i have forgoten to ask. what is my doubt is:
sir i said na sir the respondent did not enter the witnessbox in both the cases that is OS and OP which are matrimonial issues. But the respondent filed Written arugments in both OS and OP though she did not entered the witness box.
sir as you said that court will not consider the chief affidavit and counter filed by her as she did not entered the witness box, sir my doubt is whether the court will consider or not conisder the WRITTEN ARGUMENTS IN BOTH THE CASES THAT IS OS AND OP as she did not enter the witness box. sir plz provide any sc citation regarding the above two reasons that is when the respondent did not enter the witnessbox and her written arguments filed by her not valid.

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Shonee Kapoor (Expert) 24 January 2012
Arguments is different from evidence. Even when I have no evidence, I can argue the case that the evidence given by other party is not enough.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

PS: There are no citations for everything in the world.

Devajyoti Barman (Expert) 24 January 2012
The court would definitely consider written argument.
But no case stand s without evidence. So written argument in this case is nothing but a scrap pf paper.

venkatesh Rao (Expert) 24 January 2012
With due respect, I differ from the opinion of Barman Ji. Respondent or the defendant need not lead any evidence; can take any contention however irrelevant it may be in pleadings; Suffice it would be if he chooses to cross examine the plaintiff and wins he if successfully disproves the case thereby. Written argument is nothing but a note to show how he has done it. It forms part of the record and never a scrap of paper.

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