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venkata pavan (design engineer)     02 May 2014

Written argument

My case is a writ in AP High court reg invocation of already discharged BGs. The oral arguments concluded on 23-4-14. Summer vacation has started wef 30th. Judgement reserved and likely to be delivered in June after vacation. When I discussed with my advocate on the possibility of filing written arguements, citing your reply, he says there is no such possibility. He says he has not seen a single such case in his 15 years standing. Can you kindly indicate any authority in the issue. Further, my advocate is adement and says he will give no objection  and if I want to file written arguments, I should engage another lawer. Kindly, advise.



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 7 Replies

Sankaranarayanan (Advocate)     02 May 2014

Better to wait till the summer holiday. 

Sankaranarayanan (Advocate)     02 May 2014

Better to wait till the summer holiday. 

Mahesh R. Sonawane (Lawyer/Fight for justice)     02 May 2014

Your matter is already closed for orders.

In high court it depends on court, there is no such practice to file written arguments......

But some courts allow to file W.A. it depends on court....

ashok kumar (Social Worker)     02 May 2014

Dear Maheshji

To the best  of my knowledge no Court can deny filing of the written arguments, though it is a different matter that lawyers normally do not prefer filing written arguments

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 May 2014

Different high court  rules are there in submission of written arguments. Here is the following decisions of different courts.

1. Mumbai High Court says;
Civil Procedure Code, 1908, Section 33, Order 18 - Rule 2(3-A) - Oral and written arguments - Oral arguments are indispensable - Even when written arguments are filed the same does not dispense with the requirement of oral arguments - Held, it is mandatory to hear oral arguments before pronouncement of judgment...............


Civil Procedure Code, 1908, Section 33, Order 18 - Rule 2(3-A) - Oral and written arguments - It is mandatory to hear oral arguments before pronouncement of judgment - In the instant case written arguments filed - Presiding officer heard the oral arguments - Presiding officer transferred before pronouncement of judgment - Successor of presiding officer is to……….


2. P & H HC says;
Civil Procedure Code, 1908, Order 18 - Rule 3(A), 3(B), 3(C), 3(D) - Written arguments - Can be filed with express permission of Court and before conclusion of oral arguments - Copy of written arguments is required to be furnished to the opposite party………….


3. A.P. High court says;
Written arguments - It is a statutory right to file written arguments - 
No Court shall ignore the written arguments and refuse to consider the same.......................

Mahesh R. Sonawane (Lawyer/Fight for justice)     02 May 2014

 Mr. Kumar...

So far as lower courts are concern... yes.. we file written arguments,

but in High court and when matter is close for orders, it only depends on court....

ashok kumar (Social Worker)     02 May 2014

Yes Maheshji

Undoubtedly when the matter is closed for orders NO WA can be filed without the consent of teh Court and technically it is not legally correct for the Court to give such a consent as a matter of routine, though in the interest of Justice Court can always permit citing good reasons


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