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 peacemeal 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?

Detailed Legal Analysis

Yes, you can file written arguments in reply to the reply filed by the opposite counsel, especially in light of the complexities of your case.

In legal proceedings, particularly in civil cases, it is common practice to submit written arguments to ensure that all points are clearly articulated and documented. Here are key points to consider:

• Right to Submit Written Arguments: Under the Indian legal framework, you have the right to present your case in a manner that you find most effective. Written submissions can serve to clarify your position and counter the arguments presented by the opposing party.
• Order 18 Rule 2 of the Civil Procedure Code (CPC): This rule allows the court to direct the parties to file written arguments or submissions. You can request the court to allow written arguments if you feel it will aid in the clarity of your case.
• Importance of Clarity: Written arguments provide a structured format for the court to understand your position, especially considering the absence of evidence from the petitioners regarding their status as legal heirs. This is crucial for your case.
• Addressing Legal Heir Status: Since the petitioners have not established themselves as legal heirs, your written arguments can highlight this deficiency, thereby reinforcing your position. Reference can be made to the Indian Succession Act, 1925, which outlines the legal heirs and the processes involved in succession matters.
• Submission Procedure: If you decide to file written arguments, ensure that they are submitted to the court and a copy is provided to the opposing counsel. This maintains transparency and adherence to procedural requirements.
• Consult Your Advocate: Discuss your intention to file written arguments with your advocate. Their experience can guide you in formulating your points effectively while ensuring they align with your legal strategy.
• Timing: Be mindful of the court's timeline for submissions. Ensure that your written arguments are filed within the stipulated time frame set by the court during the proceedings of your peacemeal application.

In conclusion, while your advocate may prefer to argue verbally, supplementing this with written arguments can enhance your case's presentation and clarity, especially given the ongoing complexities surrounding the legal heirship and the lack of evidence from the petitioners.