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Final Ppt-Art of Drafting Pleadingsp K Mittal
Final Ppt-Art of Drafting Pleadingsp K Mittal
PLEADINGS
Pradeep. K Mittal
Past Central Council Member
The Institute of Company Secretaries of India,
New Delhi
Advocate
171 Chitra Vihar, Delhi-110092
9811044365/9911044365
BASIC PRINCIPLES OF DRAFTING
ORDER VI OF CODE OF CIVIL PROCEDURE,
1908 (CPC)
RULE 1
PLEADING
WRITTEN REPLICATION/
PLAINT REJOINDER
STATEMENT
PLEADING TO STATE MATERIAL FACTS AND NOT EVIDENCE
Every pleading shall be signed by the party and his pleader, if any.
Provided that where a party pleading is, by reason of absence or
for other good cause; unable to sign the pleading, it may be signed
by any person duly authorized by him to sign the same or to sue or
defend on his behalf.
The authorization to sign the pleadings could be either by
a) Board Resolutions in case of body corporate
b) Power of Attorney duly executed.
Before any one proceed to commence drafting, it is absolutely
necessary to gather necessary information by having extensive
discussion with the clients. The information can be gathered by
asking the following questions:
A) WHETHER ALL FACTUAL DETAILS HAVE BEEN
TAKEN OUT:
i) all previous litigation if any before any court of law to
examine as to what was the stand taken by the party before
that court;
ii) all correspondence between the parties;
iii) Whether is there any admission by Respondents on debts
payable Respondent to Petitioner.
B) ALL EVIDENCE NECESSARY FOR DRAFTING
a)Form prescribed
E) Case applicable
F) Conclusions.
Important Principles of law