written arguments drt

Written arguements will be accepted and it is good if your case is good.

submitting written argument is good.

Dear Uma,

It is the prerogative of every counsel representing a client to present his/her case to the best of their ability. The arguments advanced can either be oral and/or written and no Judicial officer can refuse to take on file the written arguments submitted by a counsel. In fact submission of written arguments is to be encouraged by the Judges since most of the Judges reserve their judgements and deliver the same after a few days or even months. Therefore it is not humanely possible for the Judge to remember and recollect the various submissions made by the counsel. Further filing written submissions will ensure that there is arecord of all the submissions made by the counsel and the same would be of great help in the event of preferring an appeal.

If a Judge refuses to take on file the written submissions, you can file the same along with a memo and insist the Judge records ample reasons for not taking the same on file. This will give you avery strong ground to appeal.

Thanks

Ramakrishnan Adv

Rightly said by  Adv. Ramakrishnan.

and it is accepted and preferred by judges to arrive at reasoned decision.

After 2002 amendment of the C.P.C., a court is bound to take on record the written arguments of parties. There is no question of refusal.

I agree with Mr. Singh

Dear Raja

  I strongly believe that in such type of courts wherein order is reserved the best way to protct the interest of client is to file a written argument because as a Practising Lawyer we see that in many cases order is passed after 15 or more days after hearing of the case and in meantime the concerned Judge hear too many matters and he cannot recall everything. Hence its always good to file written argument.

 I agree with learned friends -------courts  also insisting the Advocates/parties  to submit written  arguements .

you can always give your written argument to the Hon'ble court by doin so. infact you r helping the court in adjudicating the matter fairly. if d court refuse to except d written argument then make an application in this regard and it is bound to be allowed.

I would be much obliged if any of our learned members can clarify whether the "Written Arguments" are required to be in the form of an Affidavit?  Thanks

Dear minkie

Not necessary You can file otherwise.

dear sirs,

i agree with all of your valuable suggesstions, the written argument must be in the ordinary form and must be narrated by the advocate on behalf of the party isn't it.

hence no need of affidavit mr.minkie. 

my endeavour is if the judges niether pointed out our written arguement nor taken our written argument in account what is our remedy?