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Gagnish Singh Khurana (Prop)     26 January 2014

Written arguments

Dear All,

Greetings,

In Civil Writ petition, the case is at arguments and the petitioner wishes to file written arguments which is being denied by judge. Can a judge deny placing written arguments on record? If yes, under which section he can do so?
 If no, which section is in support of petitioner? Lot of learned people in this forum have said that Judge is bound to accept written arguments as per CPC 2002 amendment act which states phrase, " if the court  so permits concisely" Is it still if court permits  then one can submit his written arguments.

Kindly advise your comments on the above issue.


Thanks in Advance,



Learning

 6 Replies

Dr J C Vashista (Advocate)     26 January 2014

Yes you can file written arguments and judge will have to accept.

R.K Nanda (Advocate)     26 January 2014

U CAN FILE WRITTEN ARGUMENTS ONLY WITH THE PERMISSION OF COURT.

R.K Nanda (Advocate)     26 January 2014

U CAN FILE WRITTEN ARGUMENTS ONLY WITH THE PERMISSION OF COURT.

Biswanath Roy (Advocate)     26 January 2014

Accepting a written argument is a discretionary matter of  the court but  if cogent reason is shown it can be allowed by the Judge, this my personal experience.

T. Kalaiselvan, Advocate (Advocate)     26 January 2014

In Criminal it can be filed u/s 314 of Cr.P.C.  In civil also the written argument can be filed. 

Gagnish Singh Khurana (Prop)     07 February 2014

Dear Dr.JC Vashisht g,


Kindly tell under which provision of C.P.C judge has to accept the written arguments. It will be helpful if you give me the Section .

 

Thanks

 

Gagnish


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