DRAFTING,
PLEADINGS &
CONVEYANCING
PLEADINGS: A statement of claims and facts on which such claims are founded.
Such statements fully drawn up, setting out all contentions, are called
“Pleadings”. (Order VI Rule 1)
Object
1.Give fair notice to each party of the opponent’s case
2.Points to be raised are known beforehand to avoid surprise by the opposite pa
3. Facts admitted or denied are known
FUNDAMENTAL RULES OF PLEADINGS
That1.
a pleading shall contain, only statement of facts, and not law.
That a pleading shall contain all material facts and material facts only.
Exceptions to general rule: a. Any condition precedent
b. Burden of proof
c.Introductory facts
ng shall state only the facts on which the party pleading relies and not the evid
d.
That a pleading shall state such material facts, concisely, but with precision and certa
1. Facts and not Law: Order VI
Rule 2
Declaratory Suit: inference of law- plaintiff legal heir of
deceased(only)- relation- deceased and other claimants -nearer in
relation than rest
Money Suit: plaintiff is entitled to get money(not sufficient to state)-
loan-promise to return-interest-refusal to return-witnesses
Matrimonial Petition: guilty of cruelty-entitled to divorce- facts to
establish cruelty-husband drunkard-injuries- abuses
Suit for Defamation: defendant defamed plaintiff so entitled to
damages(not sufficient)- public utterances about his character-
lowered him in eyes of common man-“inuendo”
2. A pleading shall contain all material facts only.
• Facts which have direct and immediate bearing on the case
• Material facts and Facts not Material
Exceptions to general rule: a. Any condition
precedent
b. Burden of proof
c. Introductory facts
3. Facts not Evidence
Facta Probanda: facts to be proved
Facta Probantia: these facts are evidence as to
existence of certain facts - party relies- cause of action
or defiance
Malice: Order VI Rule 11
Implied Contract : Order VI Rule 12
Presumptions of Law: Order VI Rule 13
Key points while drafting pleadings
Names of persons and places accurately given correctly spelt, followed
throughout the pleading
Pronouns like he, she, that should be avoided
Plaintiff and defendant not to be referred by names
Things to be mentioned in the same manner throughout pleadings
Exact language of the statue to be followed throughout
Pleadings to be divided into paragraphs, numbered consecutively
Avoid repetitions
Pleadings must be signed: Order VI Rule 14
Verification of pleadings: Order VI Rule 15
Verification:
I………..(Name), son of Shri………(father’s name) verify that the contents of the paragraphs above ……to….. of the ab
plaint are true within my personal knowledge and that the contents of paras …… to …… are believed to be correct u
information received and believed to be true.
Verified at …………. (Place) on this ……… (Date) day of month/year
Sd/- (Party)
Plaint Structure: Order VII
Rule 1
• Rule 1(a) – A Plaint should have the name of the court in which the suit is to be
filed. For example, ‘In the court of Principal Judge, Family Court, XYZ Place)
• Rule 1 (b) – A Plaint should have the Name, description and place of residence of
the plaintiff. For example, ABC, Tis Hazari, New Delhi.
• Rule 1(c) – A Plaint should have the Name, description and place of residence of
the defendant. For example, DEF, Dwarka, New Delhi.
• Rule 1(d) – A statement in case the plaintiff or the defendant is a minor person
or a person of an unsound mind. For example, That ABC is a Minor person or That
ABC is a person with an unsound mind
• Rule 1(e) – A plaint should have the facts that show the cause of action and the
time it arose. For example, In the case of a consumer complaint, the plaint should have
statements which make it clear when and where the product/service was availed so
that the cause of action can be figured out.
• Rule 1(f) – A plaint should have the facts which indicate the jurisdiction of the
court in which the suit is filed. For example, in case of a consumer complaint, the
plaint should mention the jurisdiction
• Rule 1(g) – A plaint should mention the relief that the plaintiff wants to claim
through the plaint. For example, A plaintiff can seek specific performance, Damages
or compensation, Recovery of possession, Rescission of contracts, Injunctions, etc.
through the plaint and the same should be mentioned in the plaint
• Rule 1(h) – If the plaintiff let go or relinquish a portion of his claim, the amount so
let gone or relinquished, should be mentioned in the plaint. For example, A
plaintiff claims Rs. 10,000 from the defendant but then decides to relinquish Rs.
1,000, the same should be mentioned in the suit
• Rule 1(i) – A plaint should have a statement of the value of the subject matter
of the suit such that the pecuniary jurisdiction as well as the court fees can be
calculated and accounted for, as far as the case is admitted in the court.
