Opinion in reagrds to relying case laws/Judgments in Petition
yogesh
(Querist) 28 December 2010
This query is : Resolved
Sir,
While drafting pleading before any court/Tribunal if advocate write the case laws/Judgments in the plaint itself in one paragraph immediately above the prayer clause,Jurisdiction clause. Will it harm or form the defective pleading as I saw most of times that court will not consider the judgments/orders on records when we specify during the arguments
Narrating case laws/judgments in the plaint itself will become the part of record?
How much caselaws/Judgments one should specify in the petition?
Regards
Gulshan Tanwar
(Expert) 28 December 2010
Some judges considers it that we are teaching them through judgments/ orders and thus get annoyed.
sometimes even law section wise is typed in petition which makes the petition defective. so it is better not to took them in your petition, instead when you are going for arguments tie them in list of documents and put it before the learned judge and thus from this action the judgments will become part of the petition.
this is the tactic.
Arvind Singh Chauhan
(Expert) 28 December 2010
Yes you may put your version through written argument. Mr. Gulsan is saying right.
Devajyoti Barman
(Expert) 28 December 2010
The rule of drafting a pleading is to mention what is to be proved and not how it is to be proved. So thouh you can mention the citation but it is better to avoid it.
M V Gupta
(Expert) 29 December 2010
I agree with Mr. Burman. Further, citing of the judgements in the pleadings is also not a good strategy for winning a case. At any rate it is not a requirement of law.
