Copy of written arguments to opposite party ?
Consumer Complainant
(Querist) 09 May 2018
This query is : Resolved
Section 12 in The Code Of Civil Procedure (Amendment) Act, 2002 12.
Amendment of Order XVIII.- In the First Schedule, in Order XVIII,- (a) in rule 2, after sub- rule (3), the following sub- rules shall be inserted, namely:-"
(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 a guments shall form part of the record.
(3B) A copy of such written arguments shall be simultaneously furnished to the opposite party.
Under 3B, where they say “A copy of such written arguments shall be simultaneously furnished to the opposite party.”
Does it make necessary for the Complainant to furnish a copy of the written arguments to the Opposite Party? If I supply the same, wont the Opposite Party counter argue as per written arguments provided by me?
Is it essential that I provide “WRITTEN ARUGUMENTS” copy to the opposite party?
I have spoke to advocates locally, they told as it is the argument you make in writing, it should be given only to the court and not to the opposite party.
So I am posting this query. To know whether to give copy to opposite party or not. If I am not giving what shall I tell to the President of the Consumer Forum? As the dispute is before the District Consumer Forum.
Any help in this regard will be very much appreciated.
Kishor Mehta
(Expert) 09 May 2018
Copies of the written arguments should be submitted to all opposite parties in a consumer forum.
R.Ramachandran
(Expert) 09 May 2018
You ask: "If I supply the written arguments to the opposite party, wont the opposite party counter argue against the points provided by me in the written arguments?"
For a moment, forget about the written argument. Visualise the normal oral argument scenario. What happens?
First the party i.e. the Complainant in this case will submit his/her arguments in support of the complaint.
Then the Opposite party would submit his/her arguments. (In this case, please indicate whether the opposite party would be in a position to make the counter arguments, based on the oral arguments submitted by you or not?)
Thereafter, the Complainant will submit his/her rejoinder arguments. That's all.
The stage of submitting the written arguments by both the parties (it cannot be different from the one which was submitted orally) but it will be in a highly refined and structured form, comes into the only after the submission of the oral arguments. Therefore, the doubts which you have is misplaced.
Kumar Doab
(Expert) 09 May 2018
You may handover copies=1 for court + Number of OP....
The reader in DCDRF must have also suggested IT.
Consumer Complainant
(Querist) 09 May 2018
Mr Ramachandran
Thank you.
In oral argument, it will be spontaneous. He talk. Me talk counter. I talk. He talk counter. But if I give written argument in advance. He will give reply as per my argument. He will have time to think and prepare arguments. Again if I file additional arguments. He will also do? Like this how long? How far.
R.Ramachandran
(Expert) 10 May 2018
I am afraid you failed to notice what I said. I had said that -
The stage of submitting the written arguments by both the parties (it cannot be different from the one which was submitted orally - in other words It is summarising the oral arguments in a written form) but it will be in a highly refined and structured form, comes into the picture only after the submission of the oral arguments.
As the written argument cannot be different from what one said during oral arguments, the question of giving any written arguments in Advance does not at all arise. Again it is one time written argument from both the sides and not back and forth as you have suggested from complainant to opposite party, and by opposite party and then by complainant etc.
Kumar Doab
(Expert) 10 May 2018
If all OP are from same establishment and one counsel is appearing for all then court may accept copy =1+1
