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Jimmy (Manager)     04 May 2014

New arguments just before court issues order?

Opposite party approached Session Court. The case is in Delhi. During oral arguments my advocate forgot to make some very important arguments.  Now he is saying that it is too late as the Judge has already set the date for Order. I am upset. Can he not approach the Court and file an application to forward new arguments as the Order is not yet issued?  How is this done? Can he approach the Court Ex Parte just to adjourn the Order and allow him to file additional arguments? Is there any section of Cr.P.C. to do this?



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 3 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     04 May 2014

Yes. You can file application to re-open the case for the purpose of submitting further argument on your side. The condition is that the application should be filed for genuine reason and it should be filed before pronouncing final order.

T. Kalaiselvan, Advocate (Advocate)     08 May 2014

Query repeated, you have been advised very well by the same learned advocate, please see your previous post for reply.

Jayendra Sevada (Advocate)     08 May 2014

Dear Jimmy,

 

File written arguements on your behalf before the concerned court and tell the court that some arguement have not been taken and that had been written in it. Supply an advance copy (through Speed post or by hand) to the opposite party, so that they will not raise any hue and cry. 

 

Best Regards,

Jayendra Sevada


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