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. List of his YouTube Videos.