BANASTHALI VIDYAPITH

FACULTY OF LAW

2023

TRIAL & ARBITRATION ADVOCACY WORKSHOP

WORKSHOP II – PRE-WORKSHOP MATERIALS

“How To Draft Pleadings In Trials & Arbitrations”

Guide: Hasit B. Seth

SUPPORTED BY

Centre for Trial & Arbitration Advocacy Research

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 WORKSHOP 1I: Drafting Pleadings

INTRODUCTION
Pleadings form the foundation of dispute resolution. Pleadings in litigation are: a plaint, a
written statement and a counter-claim. In arbitration, pleadings are usually called: statement
of claim, statement of defence and counter-claim.

India follows a “code pleading” system, while some like federal courts in the US follow a
“notice system” of pleadings”. Code pleadings are detailed with facts supporting the claim
and describing the cause of action in detail. In notice pleading systems, only a notice of the
claim needs to be given. Pleadings are required to plead “material facts”, which means if any
of these material facts are omitted then the cause of action is incomplete.

To give an example, if you gave a loan of ₹ 10,000 to X, and X now refuses to pay the loan
back. The cause of action is an unrepaid loan that is due to be repaid. The suit that can be
filed is a suit for money lent and not repaid. The material facts include the following: (i) Fact
you paid Rs.10,000 to X, (ii) Fact that it was a loan that was to be repaid, and (iii) Fact that X
did not repay. There will other facts too, for example, the fact that you filed the suit within
the period of limitation (legal fact), that the suit is filed in the correct court (jurisdictional
fact), correct court fee is paid (legal fact), etc.

Rules relating to pleadings are found in the law for civil procedure. But that is not necessary.
For example, rules regarding pleadings in arbitration are to be found in the arbitration law.
Wherever they may be in context of a particular tribunal or court, they have to followed to
raise or defend a claim.

In India, rules for civil court pleadings are in Orders 6 to 8 of the Code of Civil Procedure (CPC),
1908. In arbitration, S.23 covers pleadings, but S.19 states that CPC is not strictly applicable
to arbitrations since arbitration is not bound by formalisms of the civil court. On the criminal
side, pleadings are not determinative and oral evidence is the main part of the trial.

To be a trial judge or an advocate on the civil side, one must master pleadings. In several
cases, the higher courts have rejected reliefs on the ground that appropriate pleadings were
missing. It is next to impossible to correct errors of pleadings at late stages in higher courts.
Hence, putting in some time to learn the pleadings gives rich returns in legal practice in any
formats. Also, all other pleadings in tribunals are variations of the pleadings in the civil court.
Hence, learning the CPC pleadings automatically makes one knowledgeable about almost all
pleading systems in India in any court or tribunal.

The rules for pleadings are not very hard. They are not meant to punish the litigants, but are
designed to enable the courts to come to a fair and just solution with all facts before it through
pleadings and evidence.

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 WORKSHOP 1I: Drafting Pleadings

Pre-Workshop Reading
Please read this article.
It is available to read here: https://www.jstor.org/stable/pdf/1065579.pdf Citation details
are also available below in case you need to do a Google search for it.

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 WORKSHOP 1I: Drafting Pleadings

Pre-Workshop Worksheet
(Please write solutions on a blank page and bring that page to the workshop)
All questions can be answered using Civil Procedure Code, 1908 bare text (“bare act”).
The focus is on Orders 6, 7 and 8 of the CPC. Pleadings cover plaints, written statements and
counter-claims in suits and similar ones in arbitration.

A. Mark as True or False:

1. A suit for ordinary tort of negligence is filed in Court of Sessions ______
2. An agreement can be enforced but not a contract _____
3. In a suit for money claim, it is necessary to demand an injunction ________
4. A suit can be filed in Rajasthan High Court to recover ₹1 Lakh lent to a friend ______
5. A written-statement is an alternative to a Counter-Claim _______

B. Fill In The Blanks:

1. A suit must be based on at least one _____ of action .
2. Pleadings should state _______ facts and not ______. (Hint: See Order 6)
3. In suits where pleadings rely on these: (give any two examples) _______ and ______
particulars need to be given (Hint: See Order 6)
4. Pleading must be verified and person verifying must state with reference to numbered
paragraphs of what she verifies of his __________________ and ____________ (Hint: See
O.6)
5. In suits where the plaintiff is suing to recover money, the plaint must state ______
amount of money claimed. (Hint: See O.6)

C. Name the Order and Rule that covers this aspect:

1. Amendment of Pleading: Order ____, Rule ____
2. Particulars In Plaints: Order _____, Rule ____
3. Verification of Pleadings: Order ____, Rule ____
4. Rejection of Plaints: Order _____, Rule ____
5. Counter-Claim by Defendant: Order _____, Rule ____

D. Is requirement of “specific denial” in Order 8, Rule 3 very harsh? What is the result of a
non-specific denial? Write about 10 lines.
(Super genius award: if you can name connecting links to this concept to any other
order/section in the CPC and any Section(s) of Evidence Act, 1872).

E. Why do we need a system of pleadings at all? What will happen if there is no

requirement to have pleadings? Write about 15 lines.
(Open ended reply with your own original ideas required, no need to think about CPC rules
here).

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 WORKSHOP 1I: Drafting Pleadings
Main Workshop Problem
Task for each team: Draft a complete plaint with title, averments, prayers and verification
for the facts below. Samples of plaints are available in Appendix A to CPC. Make sure the
plaint you draft follows the ules of Civil Procedure Code, 1908 and in particular these
ones: [O.1, r.1], [O.1,r.13],[O.2,r.2], [O.6] and [O.7]. Do also consider a limitation issue.

Rekha and Sona were friends. Sona was in financial trouble, so on 20 January 2020 she asked
Rekha for a small friendly loan of Rs.10,000 (Ten Thousand Only). Sona said she will return
the money within three months. Rekha gave Sona Rs.10,000 on 29 January 2020 believing
that Sona will return the amount soon. Sona signed a small paper chit on which she
acknowledged the loan and the repayment date. Rekha quickly took a picture of the chit on
her new iPhone 14 (See Exhibit 1 on last page). Sona then put Rs.5,000 in her account at Magic
Promises Bank Ltd. and other 5,000 in cash at her home. But Rekha lost that paper chit on
which Sona had agreed to repay her loan.

Sona’s friend Rashmi was in her own financial troubles. Rashmi asked Sona for financial help.
As Sona had 10,000 received from Rekha available with her in her bank and cash at home, she
thought of helping Rashmi and gave Rs.5,000 (from the 10,000 borrowed from Rekha) on 30
January 2020. Rashmi had promised Sona to return her 5,000 loan within two months.
Actually, Rekha, Sona and Rashmi were all friends having done their LL.B. together. So Sona
told Rashmi that money she is lending is actually from a loan she took from Rekha.

Later, as Rashmi forgot to wish Sona on her birthday, they had a fight. Rashmi refused to
return her loan to Sona. They exchanged several WhatsApp messages, where Sona
threatened to sue Rashmi to recover her money. Sona told Rashmi that she is regretting the
day they became friends and that she would have never lent her money had she known that
Rashmi was such an ungrateful human being.

Sometime in March 2020, Rekha called Sona to ask her about returning the loan. Sona told
her how she had given 5,000 to Rashmi believing she will return in time. She further told her
that in February 2020 there was an amazing sale on Amazon where she purchased a pair of

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excellent red sandals for Rs.2000 which were usually sold for Rs.10,000. Sona said she had
thought of gifting the red sandals to Rekha, but she liked them so much she decided to keep
them for herself. Sona said she paid Rs.2,000 as cash on delivery for the sandals from the loan
she took from Rekha.

Rekha said she is not concerned with either her fancy red sandals or her transactions with
Rashmi. Sona told Rekha that she is being very mean, after all she too knew Rashmi and they
were all good friends in LL.B. Further, Sona reminded Rekha that it was Rashmi and Sona who
had done Rekha’s assignments when she was unwell in 2nd year of LL.B. This made Rekha cry
as she remembered getting unwell in 2nd year LL.B. and missing her World Moot Court
Championship. Afterwards, Sona requested Rekha that she should waive her loan given their
old friendship.

Rekha was really upset and felt that Sona was taking emotional benefit of their friendship and
feared she will never return the loan. Rekha made a secret plan to get a “confession” out of
Sona about the loan. Rekha said to Sona why don’t we meet for coffee. On 31st March 2020,
they met in Starbucks Coffee. There, Rekha said to Sona that you should at least agree that
to return the loan by June 2020. Sona said Rekha that she will try to do so. Rekha asked Sona
to write down her promise. Sona hesitated to give anything in writing, but seeing Rekha so
friendly and nice to her today, she said OK I will write it down for your happiness. As both
were not carrying any paper, Sona wrote down on a Starbucks paper tissue “I, Sona, will try
to repay the Rs.10,000 that you loaned me by June 2020” (See Exhibit 2 on last page).

Sona didn’t repay Rekha by June 2020. Sona frantically did a Google search for a lawyer as
she didn’t know any lawyer personally. She found your number and called you. She said that
she immediately wants to file a case against Sona. After hearing Rekha, you sent to Sona a
“legal notice” on 1st July 2022 to repay the amount. Later Rekha didn’t pay your fees. You also
forgot about the matter in some time. Today, Rekha has come to you and wants to file a “law
case” against Sona. Rekha is insisting that Sona cheated her.

You now have to draft a plaint with Rekha as the plaintiff and filed it today. All the required
rules in the CPC, 1908 have to followed in drafting the plaint.

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 EXHIBIT 1
(Picture clicked on phone; Original is lost)

I, Sona, will try to

repay the Rs.10,000
that you loaned me by
June 2020.

Sona R.

EXHIBIT 2

I, Sona, will try to repay the Rs.10,000

that you loaned me by June 2020.

Sona R.

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