written arguments

suresh phadkule (Querist) 31 May 2011 This query is : Resolved
please guide on aspects of written arguments in an appeal and also in a suit.

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prabhakar singh (Expert) 31 May 2011
While writing an argument in a suit first refer plaint case then of defendants.look into the admitted positions of facts,then find out issues between parties,then have a bearing of burden of proof casted upon parties then look into documentary oral evidence adduced and test burden casted is discharged or not then accordingly conclude whom you are siding.
IN appeals,have a look on memo of appeal and judgement to ascertain points raised and then accordingly assail or support the findings given in judgement which is dependent on side you are siding for.

Guest (Expert) 31 May 2011
Follow the prachakar singh advise
And also read this link:
http://www.lawyersclubindia.com/forum/INITIAL-CASE-ANALYSIS-PLANNING-amp-PREPARATION-35733.asp

S.K.SARRAF (ADVOCATE) (Expert) 02 June 2011
Written argument :
Tale all points of your Written Statement- in case u r defendant.
OR- in case u r Plaintiff, assert your claims as made out in Plaint.
Evaluate- the evidence taken on record: Oral and documentary...jus choose wahts in ur favour..quote only those lines (indicate page no..para no..)..with PW, DW..numbers etc.
At the end - make ur submission..
If Defendant - it is humbly submitted that the case of the Plaintiff is not established for want of......(give reasons)..and be dismissed with costs awarded in favour of the defendant.
OR- if u for Defendant - then - that the Plaintiff has not come with clean hands, and has successfully failed to prove his case in the eye of law based on uncorroborated evidences. .....that the suit of the Plaintiff has failed. It is prayed that no decree be passed in terms of prayers made by Plaintiff. It is further prayed that an order of costs may graciously be awarded to the Defendant for causing mental agony.....harassment..for over .....years.

Guest (Expert) 03 June 2011
Written argument, as a defendant or as a plaintiff? Argument differs in each case.

suresh phadkule (Querist) 12 June 2011
Thanks you all sirs!

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