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Written arguements

(Querist) 02 December 2013 This query is : Resolved 
Respected Peers,
Are there any advantages in submitting written arguments.Also, is order 37, rule 2(3) of CPC absolute or the court has got discretion.
R.K Nanda Online (Expert) 02 December 2013
not much as WA are rarely allowed by courts.
BAALASUBRAMANNYAMM (Expert) 02 December 2013
Courts can not be refused to accept Written Arguments either from the Plaintiff or the Defendant. Written Argument is always better than Oral Arguments, because no chance to miss any point/s.
ajay sethi (Expert) 02 December 2013
tender written arguments
Advocate M.Bhadra (Expert) 02 December 2013
Opportunity of written argument are where some facts and evidence may be mistake in oral argument.

The Written Arguments are filed after the conclusion of leading of evidences by both sides of the parties and rejoinder is usually filed in reply to the Affidavit filed by the opposite parties, and which is filed by the opposite parties in reply to the Suit or the Petition or during interlocutory proceedings.

A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists;
Devajyoti Barman (Expert) 02 December 2013
There is no harm to submit written argument though it is not mandatory to file such thing in civil cases.
It is upto you and I would advise you to do if the intricate legal points are involved.
Rajendra K Goyal (Expert) 02 December 2013
May submit written arguments if feel it would have better effect in the case than oral arguments.
sheela (Querist) 02 December 2013
Thanks a lot, gentlemen sirs. I am indebted for your prompt and valuable advice.
Devajyoti Barman (Expert) 02 December 2013
you are welcome.
Raj Kumar Makkad (Expert) 03 December 2013
This is the discretionary power of the court itself.


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