Written Argument
Soma
(Querist) 10 September 2009
This query is : Resolved
In a title suit an exparty status quo has been passed. I filed objection with a prayer to vacate the order. on the day fixed for hearing can I submit written argument? Under which provision of CPC?
Can the Judge refuse to accept the written argument?riven
R.R. KRISHNAA
(Expert) 10 September 2009
Yes you have the right to submit written arguments under the following provisions:
Order XVIII of Amended CPC:
Rule (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.
Rule (3B):- A copy of such written arguments shall be simultaneously furnished to the opposite party.riven
Shivasurya
(Expert) 10 September 2009
The answer of Mr. Krishnalegal is correct and I agree with itriven
Sachin Bhatia
(Expert) 10 September 2009
Agreed with Mr. Krishna.
(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.
riven
Kiran Kumar
(Expert) 10 September 2009
one more point can be added.....u can submit ur written arguments with an application, the judge will then not refuse to accept them.
however there has been some recent judgments where the SC says, with the submission of W/A the right to argue is not gone....courts are duty bound to hear the parties.riven
Sachin Bhatia
(Expert) 10 September 2009
Mr. Karan can i have that judgment, i will be be very thankful to u....riven
Soma
(Querist) 10 September 2009
thanks to all seniorsriven
