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Nalini Mehra (student)     21 September 2015

How to get arguments of plaintiff first before defendant arg

plaintiff has the responsibility to give evidence first, get her cross examination first, give her petition first.

similarly, the plaintiff has the responsibility to aubmit her arguments first.

 

how to legally pressurize the judge to give you plaintiff's arguments first (be it oral argument thru order sheet certified copy) & after that u be given few days time only to submit your written arguments based on that?

please suggest a legal way for doing this?



Learning

 4 Replies

KS Johal   22 September 2015

Nalini Mehra - This just depends on the court that you are addressing. Generally all arguments are presented by the plaintiff first. They are also presented in writing at the same time of the oral delivery. They are never presented after oral delivery only in exceptional circumstances. This is because the oral delivery may not match the written argument. KS Johal

SAINATH DEVALLA (LEGAL CONSULTANT)     22 September 2015

Nalini U R a student what for do U require these 

Dr J C Vashista (Advocate)     23 September 2015

@Nalini,

Instead of posting academic query on this site you should have sought clarification from your teacher.

However, it is the procedure (CPC) that the plaintiff is to establish his/her claim before it is controverted by defendant.

G.L.N. Prasad (Retired employee.)     30 July 2016

As a student you may be knowing that it is not only the arguments but every part of evidence and statements must be taken into consideration and has to be discussed by Learned Judge.

This commences from notice to plaint, deposition, and except those facts mentioned in earlier three statements, arguments can not be afresh (except questions of law) and in other words arguments are those highlights of the case that require special mention drawing attention of the judge in a systematic manner relevant to the issues framed.


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