Oral arguments and memorandum of arguments :
Section – 314. (1) Any party to a proceeding may, as soon as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in sup-port of his case and every such memorandum shall form part of the record.
(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party.
(3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.
(4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments.
COMMENTS
GENERAL
This section was considered necessary and desirable to make a specific provision enabling parties to file written arguments.
Right to address orally a statutory right – Further, generally the right to address oral arguments is given to the parties, but the Joint Committee of Parliament has considered it necessary to include this right specifically in the section. In view of the right to address oral arguments having been made a statutory right, the court has been authorised to regulate the oral arguments if it is of the opinion that the oral arguments are not concise or relevant.