A perusal of the above would reveal that there is a departure made from the usual procedure, particularly in that part of CPC, which remains untouched by said Act. That departure is, written arguments are to be filed before oral arguments are advanced. A perusal of amended CPC as amended by said Act would reveal that written arguments supra has to be filed in accordance with Order XVIII Rule 2 Sub Rules (3A) to (3F). This takes us to the question as to in a given case like this, where there is no contest, where ex parte evidence has been recorded, whether the Court i.e., Commercial Division can hear oral submissions and dispose of the suit before filing of written arguments. {Para 25}
27. A perusal of the same reveals that in case of transferred suits, this Commercial Division can prescribe new time lines and can also issue further directions as may be necessary for speedy and efficacious disposal of suit. In the instant case, in the light of the sole defendant remaining ex parte and in the light of ex parte evidence being recorded, I am of the view that no reasonable purpose will be served by directing the plaintiff to file written arguments, more so, in accordance with Order XVIII Rule 2 Sub Rules (3A) to (3F). It will serve the interest of efficacious disposal, if the written arguments step is skipped and oral arguments are heard. Therefore, I have skipped written arguments and I have heard oral arguments today, after recording of ex parte evidence in the instant suit.
IN THE HIGH COURT OF MADRAS
C.S. No. 28 of 2015, A. No. 208 of 2015, O.A. Nos. 41 and 42 of 2015
Decided On: 26.09.2018
Tablets (India) Ltd. Vs. D.R. Johns Lab Pharma Pvt. Ltd.
Hon'ble Judges/Coram:
M. Sundar, J.
Citation: 2018(8) MLJ 70, MANU/TN/5765/2018.
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