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LegalFighter (test)     06 February 2017

Shall I file reply arguments after written arguments?

Shall I file reply arguments after written arguments filed by me and opposing side in an interim modification petition filed by me? In such case what's the title should I give? "Reply arguments filed by petitioner"?


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 9 Replies

Ms.Usha Kapoor (CEO)     06 February 2017

PlAINT WRITEN STATEMENT, pETITION COUNTER ETC YOU FILE WRITTEN ARGUMENTS.bUT IN REJOINDER PETITION YOU CAN'T SUBMIT WRITTEN ARGUMENTS.

Dr. Atul [9013898936] (Lawyer, Scholar)     06 February 2017

They'd be called Rejoinder Arguments, if filed at all. But I've never seen any Petitioner filing Written Arguments in Rejoinder. For two reasons - firstly, Written Arguments are by nature made after Arguments in support of the case, in defense thereto and in Petitioner's Rejoinder have been made ... since the parties have [presumably] already made oral submissions at length, they pretty much know each other's case and can deal with it in a single comprehensive set of Written Arguments. 

And secondly, if the Court were to allow Rejoinder Written Arguments, it'd become a never ending process for either side.

If you feel that a fresh defense is being slipped in, not taken in pleadings in defense, you should raise an objection for such defense to be rejected at the outset (the general principle being that arguments cannot go beyond pleadings). And strictly in the alternative, seek leave of the Court to permit the Petitioner to file Additional Arguments on Rejoinder, making it clear to the Court that they were necessitated by fresh arguments raised by the Respondent for the first time in Written Arguments in defense.

LegalFighter (test)     06 February 2017

Dear Experts,

 

I am bit confused here understanding the terms of rejoinder and reply arguments.i AM THE PLAINTIFF and Below is the scenario:

1. I filed "Modification Petition" as an IA in a GWOP case filed by me to modify the earlier visiting hours provided

2. My wife filed "counter" to the aforesaid IA

3. I filed "written arguments" with all necessary supporting proofs/docs

4. My wife filed "notes on arguments"

5. NOW SHOULD I FILE "REJOINDER" OR "REPLY ARGUMENTS"?

 

Since I need to add few more points/arguments/supporting docs which would help me in a better way to make judge understand or go appeal, I need to file my arguments here.Hence please help me in sorting out whether its a reply argument or rejoinder?

 

 


(Guest)
Originally posted by : tamilinian
Dear Experts,

 

I am bit confused here understanding the terms of rejoinder and reply arguments.i AM THE PLAINTIFF and Below is the scenario:

1. I filed "Modification Petition" as an IA in a GWOP case filed by me to modify the earlier visiting hours provided

2. My wife filed "counter" to the aforesaid IA

3. I filed "written arguments" with all necessary supporting proofs/docs

4. My wife filed "notes on arguments"

5. NOW SHOULD I FILE "REJOINDER" OR "REPLY ARGUMENTS"?

 

Since I need to add few more points/arguments/supporting docs which would help me in a better way to make judge understand or go appeal, I need to file my arguments here.Hence please help me in sorting out whether its a reply argument or rejoinder?

 

 


I differ from the above great public ID. All that is theory. You can keep filing paper after after paper, this will only negatively impact your case. If I remember, you are working on your case PIP. That though is commendable, where you falter is in convincing the judge. Such things no use putting in writing. Seldom what you file is read, you keep adding multiple sheets, it will look like a joke. Convincing part, that only an advocate can do. You are having disability here, you can file love letters to judge but cant convince him. Dont be dettered.  Keep filing as above great Public ID suggested you.

 

My advise is hire a advocate at least at this stage which will help your case immensely.  All the best.

Dr. Atul [9013898936] (Lawyer, Scholar)     06 February 2017

Unlike some dumbf**ks here, I ain't here to look for Clients; unlike some so-called-chindi-chor-lawyers-without-briefs- giving opinion as a दल्ला laugh

3 Like

Dr. Atul [9013898936] (Lawyer, Scholar)     06 February 2017

Theory or दल्ला hand, your call!

1 Like

Dr. Atul [9013898936] (Lawyer, Scholar)     07 February 2017

Another day and better sense has prevailed on me.You know, you remind me of Tom Cruise. Don't get excited yet though; what I meant was, Tom Cruise as Daniel Kaffee in A Few Good Men as he makes his first appearance and says, "so this is what a courtroom looks like" winklaugh

stanley (Freedom)     07 February 2017

@ Author 

1. When you file written arguments for the first time you should have taken into consideration everything now after seeing the oppiste persons argument you seem that you want to add addl arguments to counter the same . This would be a un ending scenerio from both the sides . 

2. Normally another tact played is when one party submits written arguments the other party on one pretex or the other delays submission of written arguments and than reads the oppsite arguments and counters them filing their written arguments on the next date . To counter this you should submit your arguments togather with the opp party .

3. Ultimately the Judge would go into the evidence and facts of the case to pass an order . 

4. you can appeal against the same if you are unhappy with the judgement .

1 Like

LegalFighter (test)     08 February 2017

@Helping hand:-

 

Yes am doing PIP and i dont agree with your point for seeking an advocate in family matters.Since its my case and i know nook and corners of my case and argue better than an advocate to make judge understand, am doing PIP.Only lack is legal knowledge.Even for that I hail help from my advocate friends.It doesnt mean always we need to have advocate, then why court allow any indian citizen to represent his own case himself??

 

Moreover I had bad experience with 3 different advocates who cheated me coz opposite lawyer's influence.It took around one year for me to under stand my advocate is cheating me.ABOVE ALL,AS PER LAW ADVOCATE SHOULD NOT ENTER IN TO FAMILY COURT UNLESS A QUESTION OR LAW OR FACT ARISES.

 

IF YOU ASK ME ,I CAN STILL TELL QUESTION OF LAW OR FACT CAN BE BETTER HANDLED BY JUDGE,IF NOT AN AMICUS CURIE,IF NOT HIGH COURT AS PER CRPC 395


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