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Paari (None)     03 September 2025

Counter to written argument

Learned sirs, 

A case is in final stage. Both sides have completed oral arguments. The plaintiff did not file written arguments. The defendant filed written arguments. Now the plaintiff has filed written arguments. Can the defendant file counter to this written argument of plaintiff? 

Please advice



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     04 September 2025

The final oral arguments mark the culmination of the evidence and argument phase of a case. 

generally a plaintiff cannot file a counter to the defendant's written arguments after their own final oral arguments have been presented, as the stage for presenting arguments and evidence is usually considered closed by then.

Besides the plaintiff generally cannot file a reply to the defendant's written arguments after oral arguments have concluded, as this is typically not permitted under the Code of Civil Procedure. Once oral arguments are delivered, the case moves toward judgment, and the court's focus shifts to resolving the case based on the arguments already presented. However, the court has the discretion to allow such a filing if it deems it necessary, though this is an exception rather than the rule. 

Advocate Bhartesh goyal (advocate)     04 September 2025

No, defendant has already advanced oral arguments in which have raised all material facts,evidence and his defence also submitted written arguments now repitation by way of counter is not permitted, it will be abuse of process. 

Dr. J C Vashista (Advocate )     04 September 2025

Very well analysed, opined and advised by learned senior experts, I endorse and appreciate their acumen.

It is the option of plaintiff to file his written arguments, which cannot be denied by the court or opposite party.

In the instant case oral arguments have already stated to have been addressed and defendant has gone a step further to file written arguments, it is the court to pronounce judgment after filing  or without any written argument of the plaintiff.

R.K Nanda (Advocate)     04 September 2025

No need for it.

Ravi rao (Private )     04 September 2025

I need a copy of oral argument for my case please can you forward the sample to karthikbits12@gmail.com.  thanks 

Dr. J C Vashista (Advocate )     05 September 2025

You have queried, inter alia, that,

"Can the defendant file counter to this written argument of plaintiff? "

It is termed as "rebuttal" and not "counter to the written arguments."

Answer is "NO"


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