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Sandeep (Manager)     05 January 2012

Written arguments.

Dear Sir,

 

 

Please advice procedure to present written arguments by RESPONDENT-in-person for maintenance case (OP) at Family Court.

Under which Rule / Order # of the CPC can we submit ?

 

If possible, please provide samples. Thanks.

 

Sandeep



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 January 2012

It does not require any rule.  Just write it as written argument it is sufficient.

1 Like

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     05 January 2012

Sandeep, This is a very specialllised job of Advocates. 

You being manager, may not know what is Written Arg. 

It is the Key to WIN OR LOSE THE ENTIRE CASE. 

IT IS TO TAKE OVERALL CASE, EVIDENCESOF BOTH PARTIES, LAW POINTSAND CITATIS ON THE SUIT MATTER, TO PROVE THE ASE IN YOUR FAVOUR,

IT NEED HIGHEST SKILL OF lEGAL PROCEDURE. 

DO NOT TYR TO TOUCH   IT. 

LET YOUR ADVOCATE DRAFT IT, AS IT IS A PART OF ORAL ARG, WITH JUDGEMENTS, COVERING ALL FVR EXHIBITS. 

1 Like

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     05 January 2012

 

Sandesep, this is a very specialized job of advocates. 

You being manager may not know what is written arg. 

it is the key to win or lose the entire case. 

it is to take overall case, evidences of both parties, law points and citations on the suit matter, to prove the Case in your favour,

it need highest skill of legal procedure. 

do not try to touch   it. 

let your advocate draft it, as it is a part of oral arg, with judgments, covering all fvr exhibits. 

1 Like

Sandeep (Manager)     05 January 2012

Thanks Adv. Rajeev,

I found myself in confusion because of a previous posting in this forum which was explaining as below......

 

 

There is no such prescribed format of written arguments, You can file your written argument before the court under Order XVIII of Amended CPC: Rule (3A).

It should contain:
1. Statement of your conclusion;
2. A statement of the rule that supports the conclusion.
3.Proof of the rule through citation to authority, through explanations of how the authority stands for the rule, through analyses of policy, and through counter-analyses; and
4. Application of the rule's elements to the facts with the aid of supporting authority, policy considerations, and counter-analyses, thus completing proof of the conclusion
 

 

 

Do throw some light on this. Thanks. Also, any samples that reveal the structure and flow please ?

 

Regards,

 

Sandeep

Sandeep (Manager)     05 January 2012

Dear Mr. Shroff,

 

Thanks for your advice. Right now, I find myself in this position of no-choice. I only have to do the job.

 

Regards,

 

Sandeep

Sandeep (Manager)     05 January 2012

Dear Mr. Shroff,

Thanks for your advice. Right now, I find myself in this position of no-choice. I only have to do the job.

 

Regards,

 

Sandeep


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