cpc

judge gave permission to op lawyer to file written arguments

Housewife

Respected lawyers I really need legal inputs from you...regarding sec 29 dv appeal...

I  submitted written arguments... op lawyer took copy and submitted reply ...than matter was posted for oral arguments...op lawyer didnt come to argue on date fixed...judge howeverh eard my arguments and reserved for judgement... in my absence op lawyer came to court and took oral permission from  judge to argue on judgement day...jno application was moved by him...udge said come and argue or give written arguments.arguments.on judgement day...now if he just hands over written arguments shouldn't I be given time as well to submit reply ..judge is saying he will pass judgement same day...please do suggest a legal remedy...I depend so much on correct legal advice from this forum... despite taking fees city lawyers don't tell anything...they say this is how things function here in this particular court complex...u can't do anything.....

 
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Lawyer

If you are proceeding / contesting your case(s) as party in-person you are required to be thorough to the procedure, strategy to be adopted vis-a'-vis opposite and certain tricks being played by your opponent.so that you can counter.  


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Retired employee.

Judgment reserved implies that Hon'ble Judge has concluded his findings and may want to check for his points in OP advocate argument.  As per the principles of justice, such time has to be given.  However OP advocate must also submit the copy of WA to you, and you can go through the same and file your addendum/rejoinder with the permission of the court after his WA filing.  However, remember that no one can raise any fresh issues not pleaded earlier.

When the ball is already in the Court with the Hon'ble judge that has to decide, you can not do anything at this point.


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Housewife

Thankyou both of you Sir for replying...persuing in person was the only option left because my own lawyers would collude with op lawyer...one of my previous lawyer was so influenced that when on a particular court date 

hon'ble judge said he would issue warrants against  respondents exercising power under section 28 dv act my lawyer opposed it and judge asked are you this lady's lawyer or from respondent side...my lawyer was saying sir they are such big people how can you issue warrant against them...you have no power...it's wrong...upon which judge sir had commented that magistrate can adopt any procedure for speedy disposal of case in dv act...outside court when I confronted my ex lawyer he said this judge has just come from another city  so he doesn't know the procedure followed In our city ..

it  was after this incident that I read dv act and  realized judge was right and took decision to appear in person...I have no choice...

Valuable legal inputs in this forum are like a guiding light in vast darkness...I remain indebted to all of you....

 

 

 

 
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Lawyer

Thank you for your appreciating gesture.

Selfless social service is the only aim of experts on this platform and we are striving for the same.


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Retired employee.

Hope for the best, as Hon'ble judge appears to be sympathetic and realized the compromises to defeat your cause.   There is no such procedure exclusive to one city in any court.  If the same Judge takes up the case, the chances of getting a better judgment are possible.


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Hi,

Arguments does not change the pleadings or the nature of evidence in any case. There is no need for you to panic as such if the learned Judge wants any point canvassed by OP lawyer to be answered by you, he might ask. The learned seniors have already detailed on the other aspects. 

Regards,

Abhishek Tiwari 

 
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Advocate

What is your source of information that opposite side advocate has been allowed to make his argument on the date of judgment and that judgment would be pronounced on the same day. Any how, the judgment having been reserved, further opportunity cannot be given to the opposite side keeping you in dark. Please ascertain the case status from the court diary or the e-court website.

 
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