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kaushal (Advocate)     08 April 2015

Written arguments

Does written submissions/arguments submitted in consumer case form part of the pleadings? As per my understanding, pleadings are complete when evidences are given and written submission are only to assist the commission in writing judgment. So in case a party takes a new stand in written submissions which he has not taken earlier till evidences, will it survive? Any case law clarifying the situation.

 

Regards



Learning

 1 Replies

Jayashree Hariharan (Advocate)     08 April 2015

It depends on when the new insertions are made. Moreover, you have every right to object to it, on the grounds that they are new facts, which were not in the pleading. Judge will surely make a note of it.


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