Importance of arguments

Originally posted by : windowsxp
	Hi, what importance do arguments (oral/written) carry during judgement, respondent avoiding to file arguments, judge gave date for judgement but unfortunately judge got transferred, new incharge judge joined but respondent dint showed interest to file arguments, so judge gave date for judgement. how judge consider arguments while delivering the judgement? is it favours the petitioner? Regards, Srinivas

Lot of variables are involved.  Nothing can be said in precise, as you have not detailed anything about your case here.  Please come out with all facts so that we will be able to hlep you out.

question was very simple let me make it more precise.

1. petitioner side everything clear written arguments.

2. but respondent not even filed evidnece but they again took dates and filed the evidence after we filed wrritten arguments, later my counsel crossed and judge again gave date for arguments.

3. we informed judge we are done with arguments but respondent started drama, she comes asks for next date, next time some junior comes they ask one more date, again respondent comes due to festival my counsel unable to prepare arguments give date like wise they dragged atlest 4-5 dates, but as per system even hearing date also finished so judge got vexed and gave date for judgement.

4. at tht time judge was very strict i heard +ve about him i think  they know that judge will get transfer so they awaited for that but judge without giving judgement got transferred in december, so this month new judge not appointed yet but other court hall judge was appointed as incharge to take care of my court cases.

5. during last date new judge asked is written arguments filed or not, my counsel replied we are done with everything and awaiting for judgement, so new judge gave date in next month for judgement.

my query here is.

1. respondent has not filed any arguments so does it favour me?

2. still any chances for respondent to stop the upcoming judgement telling they have not filed argumets and take new date to file argument, hearing?

 

Regards,

Bhogesh

 

 

 

 

Dear Bhogesh,

While this thread has become a fantastic discussion on the basics of drafting and pleadings, I believe your question has been sidetracked a little.

Therefore coming back to your query, please note the following two important points:

1. Absence of evdence or arguments on behalf of the respondents, does not by itself favour the plaintiff. It is the job of the plaintiff to provie his case and the job of the respondents to counter the evidence and arguments of the plaintiff. Therefore, indirectly it becomes easier for you to prove your case, if the respondents are not countering you with their evidence and arguments. It is up to your lawyer as to how well he can take advantage of this lack of opposition.
2. In case the respondent tries to delay the case by trying to file arguments on the next date or asking for an adjournment, it is upto your lawyer to raise the issue of the previous delays before the court and to object to any adjournment. He will need to press for an immediate judgement. However, such repeated adjournments are a bane of the Indian Judiciary, basically because our Judges are not ready to take decisions and do not easily pass any Orders or Judgements.

I hope the above answers your questions.

Thank very much Suneet sir, this is the reply I was looking for, ADJOURMENT got the right word. I checked with my attorney but he is telling they cannot stop the judgement once date was given but I'm little skeptical by seeing the attitude nd body language of respondent and the way my attorney handling my case. With little knowledge I alone ran the case, at right time I won't get support from my counsel my earlier preparation helping me coming out of the situation. Because of this harrassment I felt better to do BL, joined the same this year as well. Once again thank you for everyone support.

Thanks for your appreciation, Bhogesh