SNIGDHA KURIYAL

Assistant Professor

NOTES ON DRAFTING & PLEADING

Drafting, pleading, and conveyancing are three common terms used in the law
sector.

Drafting refers to the writing of legal documents. This document can either be an
affidavit, a written statement, a petition, or a plaint.

Facts, Parties, Roles & responsibilities, Terms & Conditions

Pleading refers to a legal document filed in a lawsuit. This can be a document

pertaining to the initiation of litigation or a document in response to this
initiation.

CPC: Plaint & Written Statement (Order 6)

Facts, Names of Parties, Cause of Action, issues, claims

(Cause of Action- WHAT, WHERE, WHEN)

Conveyancing refers to the transferring of a real property to its new owner by

means of deeds. It also involves the execution of such transfers legally.

Title, rights & interest, description of the property, ownership, possession,

Property:

Tangible/Intangible

Movable/Immovable
 SNIGDHA KURIYAL

Assistant Professor

According to Lord Halsbury - "Where system of pleading may exist, the sole object
of it is that each side maybe fully alive to the questions that are about to be
argued in order that they have an opportunity of bringing forward such evidence
as may be appropriate to the issue"

QUALITIES OF A GOOD DRAFT

1. Conciseness- unnecessary and immaterial things,

2. Clarity- no confusion, no stress/strain
3. Completeness- free from all deficiencies, not omit essential information,
possible question
4. Selection of correct words- consensus ad idem, familiar, superfluous
adjectives, strong words
5. Clear and firm thinking- conceive idea and thought,
6. Courtesy and Politeness- Hon’ble Supreme Court, learned counsel, humbly
submitted
7. Logical arrangement- chronological order, systematically arranged, no
repetition, omit
8. Short sentences- avoid using long sentences,

PLEADINGS

Meaning of Pleadings:

Pleadings are the statement of facts in writing drawn up and filed in a Court by each party to
am case stating therein what his contention shall be at the trial and giving all such details as his
opponent will need to know in order to prepare his case in answer.

The object of pleadings is to assist the Court and the parties to the dispute in its adjudication.
Its function is of multi-dimension, and is in various ways.
 SNIGDHA KURIYAL

Assistant Professor

FUNDAMENTAL RULES OF PLEADINGS

1. Facts, not law: court will examine those facts and infer from them.
Neither provision of law nor conclusion of mixed law and facts.

2. Material facts: essential or relevant facts. Necessary to prove your case.

Facts necessary to achieve decision in favour of the client.
Order 6 Rule 2 of CPC, Rule 4

3. Facts, not evidence: evidence to support the facts need not be mentioned
in pleading.
Facta probanda: facts which needs to be proved
Facta probantia: (not to be mentioned in pleadings) facts necessary for
proving certain facts

4. Concise & Precise: accurate & certain. Active voice should be preferred
over passive voice.

CONVEYANCING

The word “to convey” means to transfer or to make over. The word conveyancing means an
instrument or deed through which one or more living person transfer his or their interest in
present or in future in or upon an inmmovable property to one or more living persons.

In other words conveyance means an act by which property is conveyed or voluntarily

transferred from one person to another by means of a written instrument and other formalities.

An act of alienation of the property. Transfer is INTER VIVOS (between living person)

Deed
A document or an instrument through which a present or future interest in an immovable
property is transferred by one or more living persons to another living person or persons is
called deed.
 SNIGDHA KURIYAL

Assistant Professor

Deed Poll
As the old practice in England was to indent or cut a document which indicated towards
executant of the deed; and when deed was polled or cut at the top or at the bottom it was
known as “Deed Poll”. It was called Deed Poll or single deed because it was executed by one
party only. A bond, a power of attorney, and a will are the best examples of Deed Poll. It is an
executed contract of conveyance made by the grantor alone.
Unilateral

Indenture Deed
An indenture deed is a deed to which two or more persons are parties and the document which
evidences certain acts or agreement between them. Sale deed, lease deed, etc.
Bilateral or Multilateral