Can we file written argument at this point of time???
Querist :
Anonymous
(Querist) 19 December 2010
This query is : Resolved
I am defendant in a case of malicious prosecution filed against me.
The case is on the stage of Defendant Evidence.
At this point of time,I filed a reply of my RTI application in the Honorable Court which was received by me only a few days back.The opponent filed a reply opposing maintainability of my submission taking plea that my submissions are late/out of set time frame.
The judge has put the matter for passing an order on the maintainability of my submissions for 19/January/2010.
Now my advocate has suggested to file a written argument opposing the opposition/reply of our Opponent.
My query----can we file at this stage written argument (right now this would be handed over to the court staff only)???
Filing written argument seems very much important to us, is my advocate on the right track or not? He also suggests that we do need to hand over a copy of the written argument to the opponent. Is he right? or should we handover a copy of the written argument to the opponent??
Is there any harm if we do not give a copy of the written argument on this stage???
Pl.help..
Raj Kumar Makkad
(Expert) 19 December 2010
I dont forget then the similar query had been raised by you yesterday and that query was very well replied by various experts. It is better to have faith in your counsel who is defending your case. It is bad to seek opinion publically about him or his way to defend his cases.
I am of the considered opinion that the advice of your lawyer is accurate and legal and if you dont provide copy of written argument to other party then you shall have to suffer badly and that written argument shall not be considered at all because opposite party has got legal right to rebut your arguments either in writing or oral and you cannot snatch this right from him.
Querist :
Anonymous
(Querist) 19 December 2010
Raj Kumar Ji, there is a saying that before replying a question one should understand the question carefully.I regard you very much sir,and admire that U take time in participating here at LCI but I am sorry to say here that U have not gone through my question carefully because it is not the same question asked yesterday.(I am thankful to all the LCI experts for yesterday's answers).
Putting questions here does not mean that I do not have faith in my Counsel,in fact many of my questions are suggested by my Counsel so that we may get opinions of other learned members of LCI and save ourselves from committing any mistake.
And Sir there is nothing bad in seeking opinion privately or publicly about the opinions of our Counsels.(After all I have not given any name or other where abouts of my Counsel)Sir to tell you the truth my Counsel has become active user of LCI after I told him how great LCI membership may prove for his profession.Hope U would understand that I do not have any ill will for my Counsel instead we share a very good profession relationship.
Nevertheless I am always very much thankful to U for replying,hope Ur reply would help.
arun
(Expert) 19 December 2010
Yes, i am entirly agree with mr rajkumar,your council is right. you should have faith in your council.being an advocate,i can suggest you, you do as your council telles u,giving copy to opposite party is a legal process,you should not raise this type question for public opinion.
Querist :
Anonymous
(Querist) 19 December 2010
Mr Arun thanks that U replied, and why this type of question should not be raised---U have not pointed out--so I disagree with you on this point.
Now see you and Raj Kumar Ji both have suggested me that a copy of written argument should be given to the opponent while my learned friend Counsel has suggested that there is no need of supplying a copy to the opponent.Suppose I would not have asked this question, how would have I come to know that not supplying a copy to the opponent may prove harmful for our case.
Sirs please believe me that by raising questions I do not mean any disbelieve in my Counsel.After all he himself consults with LCI and other counsels about law points so what is wrong if I have consulted on his behalf?
Raj Kumar Makkad
(Expert) 19 December 2010
Mr. Anonymous! There is no harm to raise this or that type of legal queries because this forum is meant only for such questions. What I meant to tell was that generally a legal person/lawyer who provides his services to a client, is the best master of his case and many times results are seen opposite when such lawyer is otherwise suggested or forced by his client to do other than his own opinion. Asking by a counsel in LCI and your suggesion to him on a particular subject are two different things and these cannot be compared at all. We all lawyers are lifelong students and we learn daily and we should try to learn daily at every moment but every class has its own course and system. Either you should have chosen some competent lawyer or believe him for his further actions.
I may be wrong in my approach but I never have any intension to tease you or any other person reader of this forum or expert.
s.subramanian
(Expert) 20 December 2010
I appreciate the magnanimity of Mr.Makkad greatly. He is right in his anxiety.
Coming to the query raised,I would like to say that you have to file the writen submissions only after reopening the case for further arguments. You have to file an application in the court for this and have the case reopened. Then you can file the written submissions after furnishing a copy to the opposite side. Even the court will refuse to recieve your written submissions if you do not furnish a copy to the opposite side.
