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General Legal Query India · 10 Jul 2025 · 6 views

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?

AN Asked by Anamika Arora from India

Legal Information

Below is a comprehensive legal analysis based on Indian law for your question.

In the scenario you have described, it is generally advisable to file written arguments in reply to the Reply filed by the opposite counsel. Written arguments provide a structured and comprehensive response to the points raised by the opposite party and ensure that all relevant legal aspects are adequately addressed.

While verbal arguments can be made during the court proceedings, having written arguments on record can serve as a valuable reference point for the court and help in presenting your case effectively. Written arguments can also help in articulating your legal position clearly and concisely, which can be particularly beneficial in complex cases such as the one you are involved in.

Therefore, it is recommended that you work closely with your advocate to draft and file written arguments in response to the Reply submitted by the opposite counsel. This will help strengthen your case and ensure that your arguments are properly documented for consideration by the court.

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.