DRAFTING, PLEADING AND

CONVEYANCING

LL.B. 503
INTRODUCTION
 WHY DRAFTING?
 IS THERE ANY LEGISLATION FOR LEGAL DRAFTING?
 ISSUE OF PIRATING OF DRAFTS
 DRAFTING AS AN ART
 NEED OF CONSTITUTION, REQUIRING

- HISTORY,
- KNOWLEDGE,
- LANGUAGE POWER AND
- CONCEPT
 ONE MUST KNOW EVERYTHING UNDER THE SKY
 “ A CHINESE DOCTER IS A BAREFOOT DOCTER”
 FORA LAWYER DOES’NT REQUIRE NOTHING MORE OF YOU, BUT
EVERYTHING YOU HAVE.
 YOUR HEART IS FULL OF EMOTIONS, MIND FULL OF IDEAS AND YOU HAVE A
CONCEPT OF WHAT YOU ARE GOING TO DO.
 WRITE WITH A HEART, WHICH COULD APPEAL THE OTHER PARTY.
 DRAFTING INCLUDES A STRUCTURE BUT A MERE STRUCTURE WOULD NOT
MAKE YOU A GREAT DRAFTER. DRAFTING INVOLVES MANY PARTS. LIKE
GOOD CLOTHS DON’T MAKE HANDSOME MAN THEY JUST ADD TO IT.
 LEGAL DRAFTING
 Drafting is divided in 3 parts:

i. Theory
ii. Format
iii. Questions

 The same a legal draft has to be made. You must have the idea of the language, then you must
know the law.
 E.g. Rent agreement is formed for 11 or 12 months, parties are landlord and tenant, if one does
not know this, he may commit mistakes.
 FORMAT RULES
 Typed on good quantitative standard paper – (20 x 30 cm)
 Margin of 4 cm. (Top and left side)
 Margin of 2.5 cm at the right
 4 cm at bottom
 Every preliminaries are numbered using roman no.S (i, ii, iii).
 Main text with Arabic numbers (1.2.3.4)
 Front page will have no number.
 Divided in paragraphs, numbered consecutively, each allegation being in a separate paragraph.
 Dates, sums and numbers shall be expressed in pleadings in figures as well as in words.
  Rule 9 – Effect Of Document To Be Stated

PLEADINGS  Rule 10 – Malice Knowledge Etc

 Rule 11 – Notice
 Rule 12 – Implied Contract Or Relation
 ORDER 6
 Rule 13 – Presumption Of Law
 Rule 1 – Meaning Of Pleadings
 Rule 14 – Pleadings To Be Signed
 Rule 2 – Pleading To State Material Facts
 Rule 15 – Verification Of Pleadings
 Rule 3 - Forms Of Pleading
 Rule 16 – Striking Out Pleadings
 Rule 4 – Particulars To Be Given When
Necessary  Rule 17 – Amendment Of Pleadings

 RULE 5 – Repealed  Rule 18 - Failure To Amend After Order

 Rule 6 – Condition Precedent

 Rule 7 – Departure
 Rule 8 – Denial Of Contract
 O6 R1- PLAINT AND WRITTEN STATEMENT

 OBJECTIVES OF PLEADINGS

I. Only if the defendant know what allegations are imposed, he can prepare the defence;
II. To narrow down the point of debate;
III. To prevent other party from being caught by surprise;
IV. To know the basis of one’s defence by which the opponent can meet the claim or defence;
V. Afford fair notice to the contesting parties with respect to case and to call out points on which
the parties disagree or differ as the intention of parties has to be gathered from pleadings;
VI. To make parties fully aware of the questions that are about to be argued;
VII. To avoid making of A new case not pleaded by parties;
VIII. To determine real issue between parties and to avoid deviation from course of litigation.
FACTS
 State facts and not law –

E.g. Like for suit of temporary injunction, one should not state that temporary injunctions are stated
under order 39 but grounds should be stated for temporary injunctions.
 Facts include custom, usage, intention etc can be pleaded. Those facts must be material. (Udav
singh v. Madhav rao sindhiya), but what constitute material facts will be determined on the facts
of each case. (Arabinda dhali v. Nimai chandra sarkar and ors. Air 2008 (noc) 2561 (ori). There
should be details of all material facts and no omission.
 Foreign laws, customs, mixed question of law and fact are deemed to be facts
 Material facts are those on which the plaintiff's cause of action and defendant’s defence relies.
 Pleadings should not state the evidence ie. Those facts which are proved by an evidence.
 FACTA PROBANDA (YES) AND FACTA PROBANTIA(NO)
So in lic terms, the person has a right to claim only when he dies except if he suicides. So
one has to write only that he has committed suicide (facta probanda) and not that he was
preparing to commit suicide, or he was under depression (facta probantia). (Virendra Nath v.
Satpal Singh)
 Concise facts
 Material facts and non writing of evidence are not applicable for drafting writ petitions.
 Pleadings to write cause of action in paragraphs,

A promises to pay B INR 10,000, on 3 august, on 3 rd August pays 5,000, rest is left.
Everything will be stated in plaint in several paragraphs.
 Unnecessary details may be strike out by the court if they are vexatious or unnecessary.
VERIFICATION
 Whatever has been stated in pleadings has to be verified.
 In the end party verifies