arguments
Querist :
Anonymous
(Querist) 18 December 2010
This query is : Resolved
i have to argue in a civil case and also in a criminal case. first i want to submit oral and then written arguments. after submitting oral arguments can i file the written arguments immediately on the same day or do i have take permission of the court and take a date for filing written arguments. is the procedure same for both civil and criminal cases? thanks.
H. S. Thukral
(Expert) 18 December 2010
You can file written arguments after oral arguments.
Advocate Bhartesh goyal
(Expert) 18 December 2010
written arguments may be submitted after concluding oral arguments.
Khaleel Ahmed Mohammed
(Expert) 18 December 2010
What is the need to submit written arguments,where as you have completed oral.
Parveen Kr. Aggarwal
(Expert) 18 December 2010
For civil suit, Order 18, Rule 2 of the Code of Civil Procedure, 1908:
"2. Statement and production of evidence: (1) On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove.
(2) The other party shall then state his case and produce his evidence if any and may then address the Court generally on the whole case.
(3) The party beginning may then reply generally on the whole case.
(3A) Any party may address oral arguments in a case, and shall, before he concludes the oral arguments, if any, submit if the Court so permits concisely and under distinct headings written arguments in support of his case to the Court and such written arguments shall form part of the record.
(3B) A copy of such written arguments shall be simultaneously furnished to the opposite party.
(3C) No adjournment shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.
(3D) The Court shall fix such time limits for the oral arguments by either of the parties in a case, as it thinks fit."
