Ws & pleading
Sonia Prabhu
(Querist) 28 July 2012
This query is : Resolved
Facts: ( I am def appearing in person in this case)
There are 7 defendants to the civil suit and initially all the seven had given a common advocate and a common WS. But later on as the vase progressed and there were diverse defenses related to the case by the seven defendants they preferred engaging different lawyers and the previous lawyer withdrew from the case. Hence 5 defendants engaged one lawyer and one def engaged her lawyer separately while one of the def appeared in person. And the plaintiff had not taken any objection to this and hence the case proceeded with this.
Issue :
Now during the final argument stage the plaintiff has raised an issue
1)that such a stance is not allowed and since the WS is common the 3 different arguments and pleadings need not be considered by the court....
2) The points argued by the 3 pleaders were not in the WS hence should not be considered (even though proved by evidences on record)
I could say this was the usual defense every party takes when he realizes there are no chances of winning the case on merit.
Pls guide me with the law points as since my argument is already over I can only argue now on law point and citations..
ashutosh mishra
(Expert) 28 July 2012
Very difficult to guide without brief of the case.Aspire only that is remotely possible.
Sonia Prabhu
(Querist) 28 July 2012
@Ashutosh thanks for your reply.. but did not understand what u mean by 'Aspire only that is remotely possible.'
ashutosh mishra
(Expert) 28 July 2012
i meant that any such help on this site is limited in its'scope.Things are possible more
when they are discussed across the table.Then
why do not you visit a senior's chamber to wash your doubts.
