Facts: 1. Matrimonial Appeal listed at High Court for Setting Aside Judgement from Family Court. 2. Copy of Matrimonial Appeal Serviced Upon Respondent. 3. However with the Copy of Appeal Serviced NO Copy of Citations to be relied upon during hearing Serviced on Respondent. QUESTION: During Admission Stage Listing - First Date of Hearing: Petitioner Counsel referred many Citations and read out relevant parts that suited his case. Respondent is not Aware Which Citations are being Referred by Petitioner and Whether the Facts and Circumstances read by the Petitioner Counsel are Applicable in this Appeal or not. As Practice and Procedures, Is it required by the Party to Provide the Other party List of Citations Referred or Relied Upon Prior to Using them during the Oral Submissions.
1) if petitioner is relying upon any judgements in support of his case he has to furnish copy of the said citation to the respondent
2) you can in your arguments deal with the said citations and distinguish the same as facts are not identical to the present case
3) if copy is not given to you when plaintiff relies upon said citations you can object as no copy has been given to you . Court will insist that respondent be furnished list of citations relied upon by petitioner
You are right that it becomes the duty of the party reading and referring a citation before the court should produce a list of the same so that the maintainability can be contested by the opposite party on the referred citation. The opposite party also has to take interest in knowing the citations so that in his rely he can challenge the irrelevant citations.
1. The respondent is not entitled get reference of such citations which was heard at the time of admission of appeal which is done ex parte unless caveat is lodged.
2. However when the court will hear the contested hearing each party will get reference of respective citations done by them.
There is no system of advance service of list of decisions to be cited.
It is not required to provide the list to the other party.
Hi
it is not mandatory y to provide opposite party a copy of the authorities cited but to the court.
it is up to the court to whether the citations to be included or not. generally each side bring the citations to support their argument so it is not mandatory that Respondent should be given a copy.
What is stated at the time of admission is only for getting admission of the case. Watching the hearing is your duty and convince the court that your case is right and reject the appeal . You relied the citations for getting to win the case as per your grounds .
