Arguments in civil suit
Querist :
Anonymous
(Querist) 07 July 2020
This query is : Resolved
AFTER ISSUES ARE FRAMED AND THE PARTIES ARE CROSS EXAMINED THE STAGE OF ARGUMENTS: DO THE PLEADERS ARGUE ON THE ISSUES FRAMED BY THE COURT OR AGAINST THE PRAYER OR ON THE CASE AS GENERAL? COULD ANY EXPERT OFFER ME THIS INFORMATION I WOULD BE MOST GRATEFUL. THANK YOU.
Dr J C Vashista
(Expert) 07 July 2020
Final arguments should be submitted on the basis of issues framed corroborating / correlating pleading, evindence, cross-examination, prayer and case law on the subject/ issue.
Querist :
Anonymous
(Querist) 07 July 2020
THANK YOU SIR YOUR ANSWER IS VERY MUCH APPRECIATED.
Rajendra K Goyal
(Expert) 07 July 2020
What type of case is?
How are you concerned?
Have you availed the services of Advocate?
Querist :
Anonymous
(Querist) 07 July 2020
THE QUERY IS ANSWERED PERFECTLY BY DR J. C. VASHISTA THANK YOU.
K Rajasekharan
(Expert) 08 July 2020
A court case, in fact, revolves round the issues of the case from the very beginning till the end of the court proceedings, culminating in its judgement.
The production of evidence, the arguments and the judgement in a case veer round the issues. Therefore proper framing of the issues is a necessary prerequisite for understanding the crux or nucleus of the case, producing the right evidence to prove one's case, and arguing effectively to win a favourable judgement, at the end of the court proceedings.
An issue in fact is a rival contention - one party asserts something and other party denies it. It can be a question of fact or of law.
The topic is a less explored one by a large section of our advocates which make them incapable of raising precise, pin pointed and focused arguments in our court rooms.
A write up titled 'Framing of Issues in a Civil Suit' prepared by me is an attempt to highlight the importance of the role of issues in a case.
The write up is available at http://lawwatch.in/2019/01/21/Issues%20framing/
Rajendra K Goyal
(Expert) 08 July 2020
A very good article by the expert K. Rajasekharan on framing of issues.
Guest
(Expert) 08 July 2020
Another Good Article by Advocate / Writer Mr.K.Rajasekharan .. Appreciated
