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rajesh   07 March 2016

Written arguments request

Ld. Members,

 

I am facing a maintenance suit filed by my wife when I initiated RCR proceedings against her u/sec 9 HMA.

 

I'd like to request written arguments by the wife over the maintenance suit under Order 18 Rule 2(3A) of the CPC which says

 

"

(3A) Any party may address oral arguments in a case, and shall before he 

concludes the oral arguments, if any, submit if the Court so permit concisely 

and under distinct headings written arguments in support of his case to the 

Court and such written arguments shall form part of the record."

 

 

If the other party (e.g. me) requests written arguments, it is mandatory for the other party to file written arguments under the above code?  Or is it simply voluntary that the other party can ignore my request under the above code and make oral arguments only?

 

Can I safely file an application to the Court to request the written arguments from her party?

 

Pl. explain

 

rajesh



Learning

 1 Replies

Manoj Choudhary (Advocate)     07 March 2016

If you file written argument court can stop you from arguing verbally(just to save the time of court). The same shall be taken on record. Better file an application alongwith the written arguments so that the same can be placed on record. Second the other party can not be forced to file written arguments. My experience says that the family matters should be argued verbally.

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