"Your Question: The children of my deceased defendant in my succession case filed a suit for declaration in which they are saying that my as well as their mother's class 2 legal heir decree and judgement as well as mine and their mother's partition suit consent decree are null, void, fraud and illegal. For the past one and a half year they are not bringing evidence in their case, so I had to file a peace meal application, in order to call all the 3 children of my deceased defendant on the same day for cross examination. The children of my deceased defendant are now the petitioners in this declaration case. At first their counsel took further dates and then he gave a reply to my peace meal application. It is important to note here that the children of my deceased defendant who are now the petitioners in the current declaration case have never filed any proof in the court records that they are the legal heirs of my deceased defendant. Now they have given a reply to my peace meal application. The case is now on arguments for the peace meal application. Is it okay if I give written arguments in reply to the Reply filed by the opposite counsel? My advocate is saying that he will do the arguments verbally. What should I do? Should I file written arguments to the reply filed by opposite counsel in lieu of the peace meal application? Should I also stated that the children have not filed any proof of being the legal heirs of my deceased defendant, and that on what legal status are they filing the declaration suit of declaring my decrees and Judgements as null void?

Detailed Legal Analysis

Yes, you can file written arguments in reply to the response filed by the opposing counsel regarding your peace meal application.

In civil proceedings, especially in cases involving declarations and the validity of decrees, it is crucial to ensure that all relevant facts and legal arguments are presented effectively. Here are the steps and considerations for your situation:

• Right to File Written Arguments: Under the Code of Civil Procedure, 1908 (CPC), you retain the right to present your case through written submissions. While your advocate may prefer to argue verbally, submitting written arguments can help clarify your position and strengthen your case.
• Pointing Out Lack of Evidence: In your written arguments, you should emphasize that the children of the deceased have not filed any proof establishing their status as legal heirs. Highlight that without such evidence, their claim to file a declaration suit is legally questionable.
• Citation of Relevant Laws: You can reference Section 192 of the Indian Succession Act, 1925, which outlines the rights of legal heirs. You may argue that only recognized legal heirs have the standing to contest decrees related to property and succession.
• Addressing the Nullity Claims: It's important to challenge the claims of nullity of the decrees. Under Section 34 of the Specific Relief Act, 1963, the burden of proof lies on the party asserting that an instrument is void. Ensure your arguments reflect this requirement.
• Procedure for Filing Written Arguments:
  • Draft your written arguments clearly and concisely.
  • File the written submission with the court along with a copy for the opposing counsel.
  • Ensure your submission adheres to the court’s timelines and procedural rules.
• Consult Your Advocate: Discuss your intent to file written arguments with your advocate. While it’s crucial to respect their strategy, ensure that your concerns about the lack of evidence and the legal standing of the petitioners are adequately addressed in court.

In conclusion, submitting written arguments can be a strategic move to reinforce your position, especially concerning procedural fairness and the legitimacy of the opposing party’s claims.