Whether it is necessary to give copy of written arguments to Opposite party ?

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 month, 1 week ago.

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  • #4701

    A copy of such written arguments shall be simultaneously furnished to the opposite party in The District Consumer Forum.

    Section 12 in The Code Of Civil Procedure (Amendment) Act, 2002 12.
    Amendment of Order XVIII.- In the First Schedule, in Order XVIII,- (a) in rule 2, after sub- rule (3), the following sub- rules shall be inserted, namely:-” (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 permits concisely and under distinct headings written arguments in support of his case to the Court and such written a guments shall form part of the record.
    (3B) A copy of such written arguments shall be simultaneously furnished to the opposite party.

    Under 3B, where they say “A copy of such written arguments shall be simultaneously furnished to the opposite party.”

    Does it make necessary for the Complainant to furnish a copy of the written arguments to the Opposite Party? If I supply the same, wont the Opposite Party counter argue as per written arguments provided by me?

    Is it essential that I provide “WRITTEN ARUGUMENTS” copy to the opposite party?

    I have spoke to advocates locally, they told as it is the argument you make in writing, it should be given only to the court and not to the opposite party.

    So I am posting this query. To know whether to give copy to opposite party or not. If I am not giving what shall I tell to the President of the Consumer Forum? As the dispute is before the District Consumer Forum.

    Any help in this regard will be very much appreciated.

  • #4707

    Every party in a matter before the court has a right to get copies of the documents, evidence, arguments, etc., filed by other / opposite parties. There are a very few exceptions to this rule (such as when the investigation report of an undergoing case is submitted in a sealed envelope to the court by police). It is the basic principle of natural justice.

    Secondly, the opposite party has the right to counter your arguments. You cannot expect to argue a case behind the back of the opposite party. It is in the best interests of every party that all parties are given opportunity to explain all issues in the case.

    Therefore, if you are submitting any written arguments, then you are expected to give a copy to the opposite party so that it gets a chance to refute your arguments. You will also get a similar right to get copy of written arguments of your opposite party.

    As the provision mentioned by you itself makes it clear, it is not necessary for you to give written arguments and you can make only oral arguments (but, here again, the opposite party has the right to listen to your oral arguments and reply to them).

    The legal provision quoted by you [i.e., Rule 2 of Order 18 of the CPC] is reproduced below in full for your information:

    2. Statement and production of evidence.— (1) On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove.

    (2) The other party shall then state his case and produce his evidence (if any) and may then address the Court generally on the whole case.

    (3) The party beginning may then reply generally on the whole case.

    (3-A) Any party may address oral arguments in a case, and shall, before he concludes the oral arguments, if any, submit if the Court so permits 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.

    (3-B) A copy of such written arguments shall be simultaneously furnished to the opposite party.

    (3-C) No adjournment shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.

    (3-D) The Court shall fix such time-limits for the oral arguments by either of the parties in a case, as it thinks fit.”

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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