Can/Should a Hon Court deny to file Written Argument?

@ Author


A. NO, not necessary.

B. A very good que. you raised. However the exact answer lies in each State HC Rules and since I am not aware of your State I suggest to lay hands on bare reading of your State’s HC Rules (original side)


However as warm-up some States say as below;


1. Mumbai High Court says;
Civil Procedure Code, 1908, Section 33, Order 18 - Rule 2(3-A) - Oral and written arguments - Oral arguments are indispensable - Even when written arguments are filed the same does not dispense with the requirement of oral arguments - Held, it is mandatory to hear oral arguments before pronouncement of judgment...............


Civil Procedure Code, 1908, Section 33, Order 18 - Rule 2(3-A) - Oral and written arguments - It is mandatory to hear oral arguments before pronouncement of judgment - In the instant case written arguments filed - Presiding officer heard the oral arguments - Presiding officer transferred before pronouncement of judgment - Successor of presiding officer is to……….


2. P & H HC says;
Civil Procedure Code, 1908, Order 18 - Rule 3(A), 3(B), 3(C), 3(D) - Written arguments - Can be filed with express permission of Court and before conclusion of oral arguments - Copy of written arguments is required to be furnished to the opposite party………….


3. A.P. High court says;
Written arguments - It is a statutory right to file written arguments - No Court shall ignore the written arguments and refuse to consider the same.......................


All the best.

No problem for written arguments any where , but oral arguments put a punch .

Can a Honourable Trial Court in Andhra Pradesh refuse to give certified copies of the Written Arguments filed by either party for submitting in the High Court of AP for appeal challenging the judgement of the Trial court.