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Dr.

Ram Manohar Lohiya National Law University


Lucknow
B.A.LL.B.(H) VIth SEMESTER (3rd YEAR)

DRAFTING OF PLEADINGS AND CONVEYANCING


SYLLABUS
Objectives of the paper:
This is a practical paper, related to purely procedural aspect of the legal profession,
wherein students will learn various drafts or formats of Pleadings and Conveyancing deeds.
Depending upon the facts of particular matter, the students, in the capacity of a lawyer, would be
required to prepare ‘Drafts’ of various plaints, appeals and applications or petitions and replies
etc. of a particular litigation. It is considered as a part of the court proceedings –falling under
‘Pleadings.’ The documents which transfer property from one person to another person are called
‘Conveyance’ deeds.
In this paper, the students will be required to undertake to do these practical exercises in
the class itself under the guidance of their teacher, after recollecting what they have learnt or
learning in the other substantive or procedural subjects during their B.A.LL.B. Course.
Unit -1: - Pleadings
1. Nature and meaning Pleadings: Plaint, Written Statements, Rejoinders, Subsequent
Pleadings and Additional Pleadings
2. Function and Object of Pleadings
3. Drafting Rules of Pleadings: Order VI to VIII of the Code of Civil Procedure, 1908,
Fundamental Rules of Pleadings
4. Forms of Pleadings: Civil Pleadings, Criminal Pleadings, Writ Petitions

Unit-2: - Civil Pleadings


1. Draft of Civil Suits:
a. Suit for recovery under Order XXXVII of the Code of Civil Procedure 1908
b. Draft Affidavit
c. Suit for Permanent Injunction
d. Application for Temporary Injunction under Order XXXIX Rules 1 and 2 of the
Code of Civil Procedure, 1908
e. Application under Order XXXIX, Rule 2-A of the Code of Civil Procedure, 1908
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f. Application under Order XXXIII read with Section 151 of the Code of Civil
Procedure to sue as an Indigent Person
g. Suit for Ejectment and Damages for Wrongful Use and Occupation
h. Suit for Specific Performance of Contract
i. Caveat under section 148-A of the Code of Civil Procedure, 1908
j. Transfer Petition (Civil) u/s 25 of the Civil Procedure Code, 1908
k. Application for the Execution of Decree
2. Draft of Written Statement
3. Drafts of Matrimonial and Succession Pleadings:
a. Petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage
Act, 1955
b. Petition for Judicial Separation under Section 10 of the Hindu Marriage Act, 1955
c. Petition for Dissolution of Marriage by Decree of Divorce under Section 13 of the
Hindu Marriage Act, 1955 44-46 17.
d. Petition for Dissolution of Marriage by Decree of Divorce under Section 13B(1)
of the Hindu Marriage Act, 1955
e. Draft affidavit for Matrimonial Pleadings
f. Petition for Grant of Probate in High Court
g. Petition for Grant of Letters of Administration
h. Petition for Grant of Succession Certificate

Unit-3: - Criminal Pleadings


1. Drafts of Bail Application:
a. Application for Regular Bail
b. Application for Anticipatory Bail
2. Drafts of Criminal Complaints:
a. Criminal Complaints
b. Complaint under section 138 of the Negotiable Instruments Act, 1881
c. Application under section 125 of the Code of Criminal Procedure, 1972

Unit-4: - Writ Petitions and Other Miscellaneous Pleadings


1. Writ Petition- Nature, Meaning and Scope
2. Drafts of Writ Petitions:
a. Writ Petition under Article 226 of the Constitution of India
b. Writ Petition (Cri.) for Enforcement of Fundamental Rights
c. Special Leave Petition (Civil) under Article 136 of the Constitution of India
d. Special Leave Petition (Criminal) under Article 136 of the Constitution of India
3. Drafts of Other Miscellaneous Pleadings:
a. Complaint under Section 12 of Consumer Protection Act, 2019
b. Contempt Petition under Section 11 and 12 of the Contempt of Courts Act, 1971
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c. Petition under section 12 of Domestic Violence Act, 2005

Unit-5: - Conveyancing
1. Essential Component of a Deed
2. Forms of Deeds
a. Will
b. General Power of Attorney
c. Special Power of Attorney to execute Sale Deed
d. Agreement to sell and Sale Deed
e. Lease Deed
f. Mortgage Deed
g. Partnership Deed and Deed of Dissolution of Partnership
h. Relinquishment Deed
i. Gift Deed
3. Forms of Notices
a. Notice under section 106 of the Transfer of Property Act, 1882
b. Notice under section 80 of the Civil Procedure Code, 1908
c. Notice under Section 138 of the Negotiable Instruments Act, 1881
d. Reply to Legal Notice under Section 138 of Negotiable Instruments Act, 1881

Note: - The forms of pleadings/deeds listed above are only illustrative and not exhaustive. Many
more pleadings/deeds may be discussed in classes by the teacher.
Recommended Books and Act:
 The Code of Civil Procedure, 1908, (Orders VI to VIII)
 M.C. Agarwal and G.C. Mogha, “Mogha’s Law of Pleadings in India”
 M.R. Mallick, Ganguly’s, “Civil Court: Practice and Procedure”
 J.P.Aggrawal, “Pleadings in India”

Prepared By:
Dr. Manoj Kumar
Assistant Professor of Law
Senior Scale

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