Legal Question in Family Law in India
Adv Rajiv Gupta has not replied to my questions raised in it,
such as how to bring these new facts into notice of court ?
In writing or verbally if in writing then what is it called ? & if orally then how do I oppose it ?
My question is what if petitioner has added certain new additional fact in his written argument when matter is at final argument stage on next date and that these new facts were not mentioned earlier anywhere in his entire pleading ? Does it mean that if we're not replying to it in writing then we are accepting these new allegations from our end and instead of refuting/defending the same in court. we've already denied each & every allegations he mentioned in his petitions but what if he made suddenly new allegations at final argument stage which are not at all mentioned in his entire pleadings.Do I need to give reply in writing against petitioner's written argument Is it necessary? My advocate said that his job is finished after submission of written argument and is not attending dates.
Please reply
1 Answer from Attorneys
When a petitioner added new facts, you need to reply the same and court can't pass the judgment without going into the reply. First of all, you should have opposed the additional reply at this stage of proceeding. Additional reply can only be given be with the permission of the court.So, in the reply, you should made the submission that the additional fact should not be considered at all. Lastly, at argument stage, you will get the opportunity to refute his allegation once again.
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