• How to file additional final written argument after arguments closed and posted for judgments?

Q) Sir, I am Devi, age 75. In 1942 my father got 12 acers of land in oral partition with his brothers. So it is his Self-Acquired property. My father expired 1999 intestate. My brother sold my father’s property without my knowledge in 2009, stating it as Ancestral property in sale deeds. I filed partition suit for my share in ancestral property and cancelation of sale deeds.
 My brother with his written statement filed an unregistered forgery Will of my father dated 1998 in his favour, which is not mentioned in sale deeds also. The suit scheduled properties are mentioned as self-acquired property in w/s and the Will.
Two witnesses of Will and scribe of Will came to court and said that Will is genuine. So the Will is almost proved.
I don’t have any admissible signatures of my father. 
At the time of cross examination I accepted the oral partition between my father and his two brothers. I also accepted that in 1965 my father purchased one acer land from his brother which he got in oral partition. 
 My brother did not file memorandum of partition or 1965 sale deed as Exhibit.
Now my lawyer in final written arguments said that the suit properties as ancestral property by denying oral partition and 1965 purchase of land, which was accepted by me in cross-examination. He said that plaintiff did not understand words used in cross-examination i.e., coparcenary, Memorandum of partition, oral partition etc. As memorandum of partition was not file as Exhibit. Then the Will becomes invalid.
 He used SC judgement AIR 1952 SC 343 which says “admissions are not conclusive proof, totality of circumstances of the case proves the truth”. He also used sec-31 of Indian Evidence Act which say the same that admissions are not conclusive proof.
 And also used a judgement given on “non-filing memorandum of partition” (Aravapalli Subharao and others vs Anne Seetha Ratnam and others).
Now both sides final arguments were finished and posted for judgment after summer holidays. But now I want to give replay to defendant final argument, that date and year of oral partition was not said at the time of cross-examination and 1965 sale deed was not confronted or at least did not even said the document number at the time cross-examination, so the cross-examination questions was incomplete so I did not understand them. 
Q1) How to file reply to defendant’s final Argument after arguments were closed and posted for judgment?
Q2) should we use memo or additional written Argument?
Q3) Under what CPC section it should be filed?
Q4) Any valuable suggestion, if any? 
 Please do answer each question in detail. Thank you.
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

Case is posted for judgment after argument we’re closed . You cannot file reply to written arguments at this stage

2) court will not accept any additional arguments at this stage

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Dear Cleint,

No evidence can be recorded when the case is reserved for pronouncement of judgment in view of the decision of the Supreme Court in ARJUN SINGH v. MOHINDRA KUMAR wherein it is held that once the matter has been finally heard and posted for judgment, the Court has only to pronouncement the judgment,

But in the interest of Justice court may allow as same is done by Hon`ble Supreme Court very recently.


File application u/s 151 CPC.

Supreme Court of India

K.K. Velusamy vs N. Palaanisamy on 30 March, 2011

In this case, we are satisfied that in the interests of justice and to prevent abuse of the process of court, the trial court ought to have considered whether it was necessary to re-open the evidence and if so, in what manner and to what extent further evidence should be permitted in exercise of its power under section 151 of the Code.

In sale deed, he must have mention, how he acquired the property, As no mention of WILL,

This point was good enough for cancellation of Sale Deed. If order not favored, file appeal and stress this point too.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file the same after showing sufficient cause to the court that why it was not filed during the regular filing of arguments. What precludes you and the same is in interest of justice and it will not prejudice the other side. If court grants bit Appropriate then the same will be admitted.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

See now you cannot file additional arguments if the case is reserved for the judgement if you need to file any extra evidence for that there is procedure you can file application and contend before court the bone fide reason it could not be submitted previously but additional written submission after judgement is reserved it cannot be filed,

But you can try it file an application under section 151 cpc that in interest of justice you need to file and additional submission the court many or may not permit you. But its rare because 151 cpc is discretionary and is used with the principle of natural justice and due judicial care.

151. Saving of inherent powers of court.- Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice, or to prevent abuse of the process of the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can file it under section 151CPC after serving a copy on other side. Nothing to worry unregistered Will would be rejected. Velocity of witnesses appears to be over whelming

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Do not worry as it is the duty of the court to look into the actual facts as comes out form the respective evidences. Your lack of subsequent written argument does not weaken your case.

2. So avoid filing any additional written argument unless the court allows in filing the same.

3. There is no provision in CPC regarding written argument. It is a prevailing practice to assist the court for ready reference of the points the parties are citing in support of the case.

4. So you may try to file the additional one but if the refuses to allow there is nothing to worry.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If the reply to the defendant's arguments were not submitted, then you can file a memo or a petition to reopen the case for submitting your reply to the defendant's arguments. and submit your additional argument in the form of reply to their side argument.

2. You can state it as reply to defendant's arguments.

3. File a reopen petition under section 151 CPC to file a reply if the court informs you that the matter is closed reserved for judgment, or if court accepts the reply just like that, you may file the same as it is.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. if the file has been reserved for judgments then no additional documents can be given by you.

2. you can though try and submit supplementary WS, with the permission of the court.

3. Section 151 of the CPC

Go ahead and see if the above suggestion works for you.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Without seeing the lower court's judgment copy no concrete opinion can be rendered based on your oral submissions here.

2. It is 90- days.

3. You are right that the documentary evidences are considered over the oral evidences.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Document speaks for itself

2) you cannot lead oral evidence contrary to documentary evidence

3) we cannot day what your chances are without going through the judgment passed by trial court

4) For appeal, in case of a decree passed by lower court in civil suit, the limitation is :

Appeal to High Court - 90 days from the date of decree Or order.

Appeal to any other court - 30 days from the date of Decree or order.

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

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