practical drafting, Pleading and conveyance (2).docx

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1. CHAPTER 01
INTRODUCTION
Importance of drafting, Pleading and conveyance, for a company executive could be well imagined as
the company has to enter into various types of agreements with different parties and have to execute
various types of documents in favors of its clients, banks, financial institutions, employees and other
constituents. The importance of the knowledge about drafting, Pleading and conveyance, for the
corporate executives has been felt particularly for the three reasons viz.,
(i) For obtaining legal consultations;
(ii) For carrying out documentation departmentally;
(iii) For interpretation of the documents.
With the knowledge of drafting, Pleading and conveyance, better interaction could be had by the
corporate executives while seeking legal advice from the legal experts in regard to the matters to be
incorporated in the documents, to decide upon the coverage and laying down rights and obligations of
the parties therein. Knowledge in advance on the subject matter facilitates better communication,
extraction of more information, arriving on workable solutions, and facilitates settlement of the draft
documents, engrossment and execution thereof. Knowledge of drafting, Pleading and conveyance, for
the corporate executives is also essential for doing documentation departmentally. An executive can
make a better document with all facts known and judging the relevance and importance of all aspects
to be covered therein. A number of documents are required to be studied and interpreted by the
corporate executives. In India, in the absence of any legislation on conveyance, it becomes imperative
to have knowledge about the important rules of law of interpretation so as to put right language in the
documents, give appropriate meaning to the words and phrases used therein, and incorporate the will
and intention of the parties to the documents.

2. CHAPTER 02
GENERAL PRINCIPES OF DRAFTING AND IMPORTANCE OF LEGAL DRAFTING;
OBJECT, GENERAL RULES, AMENDMENT AND IMPORTANCE OF PLEADING
GENERAL PRINCIPES OF DRAFTING
From the above meaning of drafting we can say drafting is skilled job. If a person likes to draft any
document he must first ascertain the name, address and description of both the parties. He must know
the main matter to explain and purpose of the document; he must also take care of all legal
compliances applicable to the document. While drafting he always keep in mind that main intention of
the parties should be describe in the document in legal language, so he need to ascertain the intention
of the parties.
After understanding the main purpose of the document, the person must consider that weather this
intention can be given effect without destructing any provision of law. The person must note down 
the important requirement of law to be fulfilled in the document because validity of the document in
the law cannot be ignored. Nothing is to be included and remove from the document without any
reason.
One more thing is also to be ensured that the Format of the document taken should be in complied
with ordinary legal transaction. Document should be supported by the schedules and annexure. There
are some other principle is also required fulfill which are pointed as under:
1)Fowlers’ five rules:  
According to Fowler, anyone want to become a good writer should Endeavour, before he allows
himself to be tempted by more showy qualities. This principle base on the following vocabulary:  
a) Prefer the familiar word to the unfamiliar word .
b) Prefer clear word than to word create confusion.
c)  Prefer word give direct meaning.
d) Use of Roman word create problem in giving proper sense of the document, so it should not be
used.
e) Active voice is always preferable in the drafting of any document.  
2)Sketch of the Draft Document:  
It is always advisable to have a sketch before you go for the drafting of any document, because
without having knowledge of the matter to be incorporate in the document and all the requirement of
the matter to be incorporate, you cannot progress with the document. So before going for drafting one
must have a sketch of the draft document.  

3)Skelton of draft document:  
After once decided the content and outline  of the document the person must note down the points to
be incorporate in the document.
4)Special Attention to be give to certain document:  
Certain document require extra care, suppose document in which transfer of immovable property is
involved it is necessary to ensure the perfect Title of the transferor  in addition to this, the permissions
required under deferent law is to be obtain.

3. 5)Expert’s   Opinion:  
If the document is prepared first time to used again and again with modification than it should be got
vetted by the expert to ensure suitability. Beside the above there is also some do’s and don’t do’s are
required to followed :
DO’s:
a)Reduce group to single word.
b)Simple verb should be used.
c)Avoid unnecessary repetition.
d)Shorter sentences are preferable.
e)Ideas should be express in short word.
f)Prefer active to passive voice.
g)You must know the meaning of the word you are writing.
Don’t Do’s:
a)Same sound word should not be used.
b)Negative in successive phrases would be very carefully placed in the document.
c)Avoid to use of word “Less than” or “More than” instead he must use “Not Exceeding”.
IMPORTANCE OF LEGAL DRAFTING
According to a learned treatise (okay, the Nutshell): "Drafting is one of the most intellectually
demanding of all layering skills. It requires a knowledge of the law, the ability to deal with abstract
concepts, investigative instincts, an extraordinary degree of prescience, and organizational skills." The
written word is one of the most important tools of the legal profession. Words are used to advocate,
inform, persuade, and instruct. Although mastering legal writing skills takes time and practice,
superior writing skills are essential to success.
By the art of legal drafting (also commonly called the legal composition) we mean the art of
composing or writing all documents which are either expressly intended
to be, or which frequently become the subject of legal interpretation. It is concerned chiefly therefore,
although not exclusively, with the documents which declare or regulate rights. This at once
distinguishes the art of legal composition from the art of ordinary composition or literature, which
deals not with rights but with thoughts or facts. Of course the bases of literary composition and legal
composition are all the same, grammar and logic.
The latter, perhaps, more strictly than the former kind of composition is bound by the rules of the
grammarian and logician but we do not intend, except incidentally, to touch on the rules of grammar
or logic. It is composition as legal - as dealing with or affecting rights - which we have in view. This
differs so much from literary composition that, though they have a common basis, same rules do not
apply to both. The style of good legal composition (for it has a style of its own) is free from all colour,
from all emotion, from all rhetoric. It is impersonal as if the voice, not of any man, but of the law,
dealing with the necessary facts. It disdains emphasis and all other artifices. It uses no metaphor or
figure of speeches. It is always consistent and never contradicts itself. It never hesitates or doubts. It
says in the plainest language, with the simplest, fewest and fittest words, precisely what it means.
These are qualities which might be used to advantage more frequently than is common in literature,
and unfortunately they are not to be found in many legal compositions, but they are essential to good
legal composition and not essential to literary composition.
OBJECT OF PLEADING
Lord Jessel in the landmark case of Throp v. Holdsworth explained the objects and purposes of a
pleading in a judicial proceeding. He stated that the objective of pleadings is to narrow down the

4. larger issues into specific issues, also refraining from enlargement of issues. Pleadings help both the
parties know the facts and circumstances of the case brought by the adverse party and hence save time
and expense.
Thus on analyzing Lord Jessel’s explanation the objects of a pleading can be enlisted as follows:
To bring parties to specific issues
To prevent surprise and miscarriage of Justice
To avoid unnecessary expense and trouble
To save public time
To eradicate any irrelevance in the suit
To assist court in reaching a proper and fruitful conclusion
GENERAL RULES OF PLEADING
The rules of pleading maybe divided into two parts for better understanding:
A.Fundamental or Basic Rules
Sub Rule (I) of Rule 2 of the code lays down the fundamental rules of pleading. It states, “Every
pleading shall contain, and contain only a statement in a concise form of the material facts on which
the party pleading relies for his claim or define as the case may be, but not the evidence by which they
are to be proved”
When the above provision is analyzed, we get the following general principles:
1.Pleadings should state Facts and not Law:
The first fundamental principle of pleadings is that they should only state facts and not the law. In the
case of Kedar Lal v. Hari Lal the court held that it is the duty of the parties to state only the facts on
which they rely upon for their claims. The court further said that it is the duty of the court to apply the
law to the facts pleaded. The court in Gouri Dutt Ganesh Lall Firm v. Madho Prasad summarised the
law of pleading in just four words, “Plead facts not Law”
Therefore a custom or usage is a question of fact which must be specifically pleaded, also intention is
a question of fact and it must be pleaded. Similarly waiver or negligence is a plea of fact which must
be mentioned in the pleading. However a plea about maintainability of a suit raises a question of law
and thus need not be pleaded.
In Ram Prasad v. State of Madhya Pradesh  it was held that a mixed question of law and fact however
should be specifically pleaded. Again in Union of India v. Sita Ram Jaiswal the court held that a point
of law which is required to be supported by facts should be pleaded with necessary facts.
2.The Facts stated should be Material Facts: 
The second principle of pleadings is that they should contain a statement of material facts only.
However the term “material facts” has not been defined in the code. The Supreme Court in Udhav
Singh v. Madhav Rao Scindia has defined material facts as, all the primary fact which needs to be
proven at the trial by a party to establish the existence of a cause of action or his define are material
facts.
It has been observed by the courts that what type of facts or information would amount to material
fact is a subjective issue and depends on the circumstances of a case and thus differs from case to
case.
3.The Pleadings should state facts and not evidence:

5. The third fundamental rule of pleadings says that in pleadings, evidence of facts distinguished from
the facts itself need not be pleaded. In other words, the pleadings should contain a statement of
material fact on which a party relies but not the evidence by which such facts are to be proved.
4.The Pleading should be Concise:
The fourth and the last fundamental rule of pleadings states that pleadings should be drafted with
sufficient brevity and they should also be precise. In Virendra Kashinath v. Vinayak N. Joshi, the
court observed that pleadings should be brief and concise, also niggling should be avoided. However
that does not amount to the fact that essential facts need to be omitted or missed in an attempt to get
brevity in pleadings.
Every pleading should be divided into paragraphs and sub paragraphs. Each allegation should be
contained in separate paragraph. Dates, totals and numbers should be mentioned in figures as well as
in words.
B.Particular or Other Rules
Rules 4-18 of Order VI of the Civil Procedure Code, 1908 contain the other rules of pleadings is
discussed in detail below:
1.Wherever misrepresentations, fraud, breach of trust, willful default or undue influence are
pleaded in the pleadings, particulars with dates and items should be stated. (Rule 4 of Order
VI of the Civil Procedure Code, 1908)
2.The performance of a condition precedent need not be pleaded since it is implied in the
pleadings. Non-performance of a condition precedent, however, must be specifically and
expressly pleaded. (Rule 6 of Order VI of the Civil Procedure Code, 1908)
3.Generally departure from pleading is not permissible and except by way of amendment, no
party can raise any ground of claim or contain any allegation of fact inconsistent with his
previous pleadings (Rule 7 of Order VI of the Civil Procedure Code, 1908)
4.A bare denial of a contract by the opposite party will be construed only as a denial of factum
of a contract and not the legality, validity or enforceability of such contract.  (Rule 8 of Order
VI of the Civil Procedure Code, 1908)
5.Documents need not be set out at length in the pleadings unless the words therein are
material. (Rule 9 of Order VI of the Civil Procedure Code, 1908)
6.Wherever malice, fraudulent intention, knowledge or other condition of the mind of a person
is material, it may be alleged in the pleading only as a fact without setting out the
circumstances from which it is to be inferred (Rule 10 of Order VI of the Civil Procedure
Code, 1908). Such circumstances really constitute evidence in proof of material facts
7.Whenever giving of notice to any person is necessary or a condition precedent, pleadings
should only state regarding giving of such notice, without setting out the form or precise term
of such notice or the circumstances from which it is to be inferred, unless they are material.
(Rule 11 of Order VI of Civil Procedure Code, 1908)
8.Implied contracts or relations between persons may be alleged as a fact, and the series of
letters, conversations and the circumstances from which they are to be inferred should be
pleaded generally. (Rule 12 of Order VI of Civil Procedure Code, 1908)
9. Facts which the law presumes in favors of a party or as to which the burden of proof lies
upon the other side need not be pleaded. (Rule 13 of Order VI of Civil Procedure Code, 1908)
10. Every pleading should be signed by the party or one of the parties or by his pleader. (Rule 14
of Order VI of Civil Procedure Code, 1908)
11.A party to the suit should supply his address. He should also supply address of the opposite
party. (Rule 14-A of Order VI of Civil Procedure Code, 1908)
12. Every pleading should be verified on affidavit by the party or by one of the parties or by a
person acquainted with the facts of the case. (Rule 15 of Order VI of Civil Procedure Code,
1908)

6. 13.A Court may order striking out a pleading if it is unnecessary, scandalous, frivolous, and
vexatious or tends to prejudice, embarrass or delay fair trial of the suit. (Rule 16 of Order VI
of Civil Procedure Code, 1908)
14.A Court may allow amendment of pleadings. (Rule 17 of Order VI of Civil Procedure Code,
1908)
15.Forms in Appendix A of the Code should be used wherever they are applicable. Where they
are not applicable, forms of like nature should be used. (Rule 3 of Order VI  of Civil
Procedure Code, 1908)
16. Every pleading should be divided into paragraphs, numbered consecutively. Each allegation
or averment should be stated in a separate paragraph. (Rule 2(2) of Order VI of Code of Civil
Procedure, 1908)
17. Dates, totals and numbers should be written in figures as well as in words (Rule 2(3) of Order
VI of Code of Civil Procedure, 1908)
AMENDMENT OF PLEADING
Amendment is the formal revision or addition or alteration or modification of the pleadings. Many a
times the party may find it necessary to amend his pleadings before or during the trial of the case.
Rule 17 of Order VI provides that the court may at any stage allow either party to alter or amend his
pleadings in such manner or terms as maybe just and all such amendments shall be made as necessary
for the purpose of determining the real questions in controversy between the parties. Proviso to Rule
17 of Order VI as inserted by Civil Procedure Code (Amendment) Act, 2002 restricts and curtails
power of the court to allow amendment in pleadings by enacting that no application for amendment
should be made after the trial has commenced, unless the court comes to the conclusion that in spite of
due diligence the party could not have raised before the commencement of trial.
IMPORTANCE OF PLEADING
The fate of the suit lies on the pleading as;
1.Pleading determines the burden of proof.
2.It aids the court in the final decision of the case.
3.Pleading enables the court to decide the right of the parties in the trial.
4.Pleading enables the opposite party to know the case.
Clear and succinct pleadings save judicial time and lead to quick disposal of cases, whereas confusing
and unclear pleadings have the propensity to prolong litigation indefinitely. Such a practice must be
deprecated. Therefore, let us briefly understand the meaning and the importance of pleadings.
Plaint order 7 CPC
        Plaint is defined in order 7 of CPC. Rules 1 to 8 of Order 7 relate
to particulars in a plaint. Rule 9 lays down the procedure for plaint
being admitted. Whereas rules 10 to 10-B provide for the return of
plaint, power of Court to fix a date of appearance of parties, and power of
the appellate Court to transfer suit to the proper Court and rules 11
to 13 deal with the rejection of plaint. Rules 14 to 17 contain provisions
for the production of documents. Order 7 should be read with
section 26 of the code.

7. Jurisprudence Previous Years Questions 2018-2022 in three Parts with the
explanation of each option click here to see:-   UGC NET LAW PYQs   Jurisprudence
Introduction (Plaint):-
                             A plaint is a legal document that contains the written
statement of the plaintiff’s claim. A plaint is the first step toward the
initiation of a suit. It can be said to be a statement of claim, a
document, by the presentation of which the suit is instituted.
However, the expression “plaint”  has not been defined in the code.
It is a pleading of the plaintiff.
                         In plaint, the plaintiff should allege facts about his cause
of action. A plaint that is presented to a civil court of appropriate
jurisdiction contains everything, including facts to relief that the
plaintiff expects to obtain.
                 
  Particulars of the plaint:-
v The name of the particular court where the suit is brought; [R.1(a)];

8. v The name, place, and description of the plaintiff’s residence; [R.1(b)];
v The name, place, and description of the defendant’s residence;
[R.1(c)];
v A statement of unsoundness of mind or minority in case the plaintiff
or the defendant belongs to either of the categories; [R.1(d)];
v The facts that led to the cause of action and when it arose; [R.1(e)];
v That fact that points out to the jurisdiction of the court ; [R.1(f)];
v A statement of the value of the subject matter of the suit for the
purpose of jurisdiction and court fees; [R.1(i)];
v The relief claimed by the plaintiff, simply or on the alternative;
[R.1(g)]; 
v Where the plaintiff files a suit in a representative capacity the facts
showing that the plaintiff has an actual existing interest in the
subject matter and he has taken steps that may be necessary to
enable him to file such a suit;      [R. 4];

9. v Where the plaintiff has allowed a set-off or relinquished a portion of his
claim, the amount so allowed or relinquished; [R.1(h)];
v Where  the suit is for recovery of money, the precise amount claimed;
[R 2]
v Where the suit is for accounts or mesne profits or for movables in the
possession of the defendant or for debts which cannot be
determined, the approximate amount or value thereof;  [R. 2]
v Where the subject matter of the suit is immovable property
description of the property sufficient to identify it, e.g. boundaries,
survey numbers, etc;  [R.3]  
v The interest and liability of the defendant in the subject matter of the
suit;       [R. 5]
v Where the suit is time-barred, the ground upon which the exemption
from the law of limitation is claimed;  [R. 6 ]
 Admission of plaint:              
                                   Rule 9 lays down the procedure when the plaint is
admitted by the court. It provides for the filling of copies of the
plaint by the plaintiff and also requires him to pay requisite fees for
the service of summons on the defendants within seven days.

10. FROM OF THE PLAINT:
                                       As per the above-stated material we can say that the
plaint should be drafted in a particular form. So that a plaint can be
divided into three important parts such as heading and title, the
body of the plaint,   and the relief claimed.
These all are discussed in detail below:
    Heading and Title:
1.    Name of the court :
                                The name of the court should be written on the plaint
as the heading. It is not necessary to mention the name of the
presiding officer of the court. The name of the is sufficient, for
example:-  In the Court of the District Judge, Sirsa.
2.     Parties to the suit:
                                      When we talk about parties to suit, there must be two parties in
every suit, namely, the plaintiff and the defendant. However, there
may be more than one plaintiff, and defendant.  All particulars of the
parties such as name, residence, father’s name, age, etc. which are
necessary to identify the parties, must be stated in the plaint.
             In the case of more than one party, all of their names have to
be mentioned in the plaint according to their pleadings.
    In the case of minors, a minor cannot sue or be sued. If one of the
parties is a minor or of unsound mind, it will have to be mentioned
in the cause title.
3.     Title of the suit :
                    The title of the suit contains the reasons for approaching the
court and the jurisdiction before which the plaint is initiated.
Body of the plaint:
           It is the body of the plaint wherein the plaintiff describes his/her
concerns in an elaborative manner. That should be divided into
short paragraphs, which each contain one fact. The body of the
plaint is divided into two further parts which are as follows:

11. 1.    Formal part:
The formal part contains the following essentials:-
Ø A statement regarding the date of cause of action. It is necessary
for every plaint to contain the date when the cause of action arose.
The primary objective behind this is to determine the period of
limitation.
Ø The plaint must state all the facts showing how the court has
pecuniary and territorial jurisdiction over the subject matter of the
suit.
Ø The value of the subject matter of the suit must be stated properly
for the purpose of the pecuniary jurisdiction of the court and court
fees.
Ø Statement regarding minority.
Ø The representative character of the plaintiff.
Ø The reasons why the plaintiff wants to claim exemptions under the
law if the suit is initiated after the period of limitation.
2.  Substantial portion:  
                                 In this portion, plaint must contain all the necessary
and vital facts, which constitute the suit. If the plaintiff wishes to
pursue a cause of action on any other grounds must be duly
mentioned.
Ø It should be shown in the plaint that the defendant is interested in
the subject matter and therefore must be called upon by the court.

12. Ø Where defendants are more than one and if the liability is not
joint, then the individual liability of each and every defendant must
be shown separately.
Ø In the same way, if there is more than one plaintiff and their cause
of action is not joint, then too, the same has to be mentioned
separately.
Relief:
        Every plaint must state specifically the relief claimed by the
plaintiff either simply or in the alternative. It is the last part of the
plaint. It must be claimed properly and accurately. Every plaint must
state specifically the kind of relief asked for, be it in the form of
damages, specific performance or injunction, or damages of any
other kind. This must be done with utmost carefulness because the
claims in the plaint cannot be backed by oral pleadings.
Signature and verification:
     The signature of the plaintiff is put at the end of the plaint. In case
the plaintiff is not present due to any legitimate reason, then the
signature of an authorized representative would suffice.
  The plaint should also be duly verified by the plaintiff. Where the
plaintiff is unable to do so, his/her representative may do the same
after informing the court.  
The plaintiff has to specify against the paragraphs in the pleadings,
what he/she has verified by his her own awareness of the facts, and
what has been verified as per information received, and
subsequently believed to be true. The signature of the
plaintiff/verifier, along with the date and the place, at the end of the
plaint is essential.
The verification can only be done before a competent court or in
front of an Oath Commissioner.