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 to the reply filed by opposite counsel in lieu of the peace meal application?
AN Asked by Anamika Arora from India
Legal Information
Below is a comprehensive legal analysis based on Indian law for your question.
While verbal arguments are common during court proceedings, filing written arguments ensures that all your points are presented cohesively and can serve as a reference for the court. It is advisable to file written arguments in response to the reply filed by the opposite counsel, especially in complex cases like the one you have described.
Therefore, it would be prudent to follow the advice of your advocate and proceed with filing written arguments in response to the reply filed by the opposite counsel in relation to the peace meal application. This will help strengthen your case and ensure that all relevant points are brought to the court's attention effectively.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.