1.Explain the general principles of drafting, pleading and conveyancing.

DRAFTING

Drafting relates to making a draft of something. Drafting a document would imply making a rough
copy of a document. Drafting requires knowledge of law and required ability to eal with abstract
concepts and presence of mind. The company has to enter into various types of agreements with
different parties and have to execute various types of documents in favour of its clients, banks,
financial institutions, employees and other constituents.

Rules of “Drafting.”

 Before making a draft, a design of it should first be conceived.

 Negative statements should generally be avoided.
 Technical language should be followed.
 The legal language employed should be precise and accurate.
 Draft should be readily ,intelligible
 Arrangement of facts should be done logically
 Use numbers and letters for sub-clauses and paragraphs.
 Choices of words should be such that they easily convey the meaning of the writer.
 The draft should be read once or twice before passing it for consideration.

DO’S

 One simple word for a group should be formulated.

 Shorter sentences should be written
 Add periods
 Express the whole idea in few words

DON’TS

 Avoid moving around about constructions

 Avoid unnecessary repetitions
 Avoid using words containing similar sounds
 Avoid cumulative negative statements
 Avoid typing mistakes
Pleadings:

Pleadings are the backbone of legal profession. It is the foundation stone on which case of a party
stands. The case of a party must be set out in the pleadings. Moreover, the relief cannot be claimed on
the grounds which are not contained in the pleadings. The immaterial or vague or ambiguous matter
should be avoided and pleadings should be properly framed. In Devki Nandan v. Murlidhar,(1) it was
held that a finding cannot be sustained which is based on no pleading and no evidence.

Order VI of the Code of Civil Procedure, 1908 deals with pleadings in general. Rule 1
defines pleading, while Rule 2 lays down the fundamental principles of pleadings. Rules 3 to 13
require the parties to supply necessary particulars. Rules 14 and 15 provide for signing and
verification of pleadings. Rule 16 empowers a Court to strike out unnecessary pleadings. Rules 17 and
18 contain provisions relating to amendment of pleadings.

CONVEYANCING

Under the revised law course the prescription for the subject of conveyancing has been
expanded to include draftsmanship with the result that in the new course the subject "Conveyancing
and Draftsmanship" will be taught as a subject for the professional qualification. This will mean that
more emphasis than hitherto will be given to the art of draftsmanship. As there is no New Zealand text
book on the subject of draftsmanship it is felt appropriate at this stage, and in an article such as this, to
state some of the more general rules pertaining to the drafting of conveyancing documents.