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Jimmy (Manager)     04 May 2014

Can new arguments be presented just before order date is set

Opposite party approached Session Court for an appeal in matters involving Family disputes. The case is in Delhi. During oral arguments my advocate forgot to make some very important arguments.  Now he is saying that it is too late as the Judge has already set the date for Order. I am upset. Can he not approach the Court and file an application to forward new arguments as the Order is not yet issued?  How is this done? Can he approach the Court Ex Parte just to adjourn the Order and allow him to file additional arguments? Is there any section of Cr.P.C. to do this?



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 8 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     04 May 2014

Yes. You can file application to re-open the case for the purpose of submitting further argument on your side. The condition is that the application should be filed for genuine reason and it should be filed before pronouncing final order.

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Jimmy (Manager)     05 May 2014

@Advocate Saleema.  Thank you so much. Is there any specific rule under Cr.P.C. to do so. If so, what is it? Can the advocate just file an application to submit arguments or does it have to specifically state that it seeks to open the case to file an application? 

 

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     05 May 2014

There is no provision available in Criminal Procedure Code for submitting arguments or further arguments. But, it is based on principles of natural Justice that the parties should be granted fair and reasonable opportunity of being heard.

 

Moreover, it is well settled law that the procedures are only a hand maid not the master. Misquoting or non-quoting of section also will not make any hindrance in granting Justice.

You can also file your written arguments.

1 Like

Jimmy (Manager)     06 May 2014

@Adv  Kabeer, Thank you for your advice. Very precise, well-worded, easy to understand and accept.  You must be very good at what you do.  Unfortunately, my case is not in Madras. Otherwise I would have retained your services for sure.

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     06 May 2014

Thank You Jimmy.

T. Kalaiselvan, Advocate (Advocate)     08 May 2014

Very well advised by Advocate Saleema Kabeer, I agree to the opinions rendered, nothing more to add.

Jimmy (Manager)     08 May 2014

@Adv Saleema Kabeer. Had the hearing today. Worked great. My advocate needed to be coaxed a bit to make the filing. He did file ultimately. The Judge accepted it without any hesitation and rescheduled the Order hearing. You are great!!! Thanks a LOT!!!

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     08 May 2014

@Jimmy. Thank you. Wish you all the best.

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