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The Delhi High Court has set the time limit for oral arguments during the stage of final hearing of a commercial suit. The bench comprising of Justice Rajiv Sahai passed the order in an application filed under Order XV-A CPC for Case Management Hearing by the plaintiff in a commercial suit.
As stated by the plaintiff's counsel stating that he’ll not take more than 45 minutes for opening argument ¬ more than 30 minutes in his rejoinder argument – if any.
The court enquired in reference to Rule 2 & 3 of Order XV-A CPC that deals with fixing time limits during trial, if is applicable at the stage of final arguments also. In this regard, the counsel for the plaintiff while referring to the provisions of Rule 2(a) also referred to the Court’s decision in the case of Indian Bank v Maharashtra State Co-operative Marketing Federation. The court in the aforesaid case interpreted the word ‘trial’ & while widening the scope of word 'trial' said It covers the proceedings from the institution of suit till final judgment. The defendant in return to the contestation refused to commit any time limit for giving his statement of arguments. The application was disposed of by the court and the court held the plaintiff would be bind by the time limits stated by him. The court also said that if it need be it’ll fix time limits for defendant's arguments.
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