Fundamental or Basic Rules of Pleadings:- 

Sub-rule (1) of Rule 2 of Order VI of the

Code of Civil Procedure, 1908, lays down the fundamental principles of pleadings. It reads as
under:-
“Every pleading shall contain, and contain only a statement in a concise form of the material
facts on which the party pleading relies for his claim or defence, as the case may be, but not the
evidence by which they are to be proved.”
From the above provision it can be said that following are the fundamental or basic rules of
pleadings:-
(1) Pleadings should state facts and not law; (2) The facts stated in pleadings should be material
facts; (3) Pleadings should not state the evidence; and (4) The facts in pleadings should be stated
in a concise form.

Plaint: Order VII of the Code of Civil Procedure deals, particularly with plaint. A Plaint is a
legal document that contains the content of any civil suit which shows the Plaintiff’s claim after
filing suit. The plaint is the first step of the Plaintiff in the form of a legal document for the
commencement of suit and it shows what a Plaintiff wants from that suit. Through the help of
plaint, the plaintiff narrates or describes the cause of action and related information which is
considered as essential from the viewpoint of the suit.

Section 26 of the Code of Civil Procedure states “Every suit shall be instituted by the
presentation of a plaint or in such other manner as may be prescribed.” This section clearly
shows that plaint is very much necessary for the establishment of a suit before the civil or
commercial court.  

Particular of plaint:
 Name of the court in which suit is brought.
 Name, place, and description of the residence of the plaintiff.
 Name, place, and description of residence of the defendant.
 A statement of unsoundness or of minority, if in case either plaintiff or defendant belongs
to such category.
 The facts which led to the cause of action and when it arose.
 The facts showing the court has its jurisdiction.
 The amount so allowed or relinquished by the plaintiff.
 A statement of the value of the subject matter of the suit for the purpose of jurisdiction
and of court fee, so far as the case admits.

What is written statement?

Order 8 The Code of Civil Procedure, 1908, Written statement may be defined as a reply of a
defendant to the plaint filed by a plaintiff. Thus, it is a pleading of a defendant dealing with every
material fact of a plaint. It may also contain new facts in favour of a defendant or legal
objections against the claim of a plaintiff. It is a pleading of a defendant.

Who may file written statement?

1. A written statement may be filed by the defendant or by his duly constituted agent.
 2. Where there are several defendants and a common written statement is filed by them, it
must be signed by all of them.
3. It is, however, sufficient if it is verified by one of them who is aware of the facts of the
case and is in a position to file an affidavit.
4. A written statement filed by one defendant does not bind other defendants.

When written statement may be filed?

A defendant should, within thirty days from the service of summons on him, present a written
statement of his defence. The said period, however, can be extended up to ninety days.

Amendment of pleadings: Amendment is the formal revision or addition or alteration or

modification of the pleadings. Provisions for the amendment of pleadings are intended for
promoting the ends of justice and not for defeating them. Rules 17 and 18 of Order VI of Code of
Civil Procedure, 1908 deals with provisions regarding amendment of pleadings and failure to
amend after order respectively.

Rule 17 of the Code of Civil Procedure, 1908 provides that, “The Court may at any stage of the
proceedings allow either party to alter or amend his pleadings in such manner and on such terms
as may be just, and all such amendments shall be made as may be necessary for the purpose of
determining the real questions in controversy between the parties.

Proviso to the Rule 17 of Order VI of Code of Civil Procedure, 1908 as inserted by the Code of
Civil Procedure (Amendment) Act, 2002 restricts and curtails power of the Court to allow
amendment in pleadings by enacting that no application for amendment should be allowed after
the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence,
the party could not have raised the matter before the commencement of trial.

Amendment of pleadings when granted:- Amendment of pleadings can be granted by the Court
in two situations namely, (i) where the amendment is necessary for the determination of the real
question in controversy; and (ii) can the amendment be allowed without injustice to the other
side.

Amendment of pleadings when refused:- Amendment of pleadings can be refused in many

circumstances. Following are the situations or circumstances when amendment of pleadings can
be refused by the Court:-(32)
(1) When the proposed amendment is unnecessary.
(2) When the proposed amendment causes an injury to the opposite party which cannot be
compensated for by costs.
(3) When the proposed amendment changes the nature of the case.
(4) When the application for amendment is not made in good faith.
(5) When there has been an excessive delay in filing the amendment application.

What Is Bail?
Bail denotes the provisional release of an accused in a criminal matter in which the court is yet to
announce a judgment. The expression 'bail' means a security deposited to appear before the court
for release. Originally, the word is derived from an old French verb ‘bailer’ which means ‘to
give’ or ‘to deliver’. A ball is granted to an accused after presenting a bail bond to the court.
Types Of Bail In India
There are commonly 3 types of bail in India which a person can apply depending upon the stage
of the criminal matter:
1. Regular Bail: A regular bail can be granted to a person who has already been arrested
and kept in police custody. A person can file a bail application for regular bail under
Section 437 and 439 of the CrPC.
2. Interim Bail: Interim bail is a bail granted for a short period of time. Interim bail is
granted to an accused before the hearing for the grant of regular bail or anticipatory bail.
3. Anticipatory Bail: A person who discerns that he may be arrested by the police for a
non-bailable offence, can file an application for anticipatory bail. It is like an advance
bail obtained under Section 438 of the CrPC. A bail under Section 438 is a bail before
arrest and a person cannot be arrested by the police if the anticipatory bail has been
granted by the court.

General Power of Attorney: A General Power of Attorney gives your agent the authority
to handle all your affairs during a period of time when you are unable to do so, such as when you
are traveling out of the country or when your physical and/or mental health are compromised. A
General POA can be included as part of your estate plan to ensure that your financial affairs will
be tended to in the event that you are unable to do so.

A General Power of Attorney is typically very broad, giving the agent extensive powers and
responsibilities. Powers typically include (but are not limited to):

 Handling banking and other transactions

 Filing tax returns
 Buying, selling, or managing real estate and other property
 Entering contracts
 Settling claims

You also have the option to grant your agent additional powers, such as making transfers to
living trusts, maintaining and operating business interests, and disclaiming interests, among
others.

Special, Specific or Limited Power of Attorney: A Special, Specific or Limited Power

of Attorney gives your agent the authority to conduct a specific act or acts on your behalf.
Because this type of Power of Attorney is limited to the act or acts designated in the document, it
is especially important to be very clear about the powers you wish to appoint to your agent.

You may use a Special Power of Attorney to appoint an agent to act on your behalf in the event
that you become ill or disabled, are embarking on extended travel, or are otherwise unable to
handle a specific type of task. You may designate any of the powers listed above (under General
POA) to your agent, or any other powers you deem necessary.
What is a Sale Deed?
A sale deed is a legal document that showcases the transfer of title, rights, and ownership of a
property from a seller to a buyer.

It is the most important document that legally reports the proof for the buyer and seller. It is an
essential document for both the buyer or the transferee and the seller or the transferor. The
purchase or sale of the property is not legally complete until a sale deed is signed between the
buyer and the seller. Normally, a sale deed is signed only after both the parties are satisfied and
comply with the terms and conditions.

What should a sale deed include?

In general, a sale deed should include the below-mentioned details-
 Descriptions of the parties involved- the full name, complete address, contact details,
age & occupation for each of the buyers and sellers.
 Description of the property being transferred- id number, correct address, dimensions
of the property, construction details of the building, if there is any.
 Indemnity & encumbrance clause- This includes a declaration from the seller that the
property being transferred is free from every encumbrance, litigation, and charge. Also,
the seller indemnifies the buyer from any pending charges in this regard.
 The seller should settle a pending loan taken with the concerned property as a mortgage,
before proceeding with the sale. The buyer has every right to examine the related
documents before registration.
 The sale consideration- It’s the price at which the transfer deal is closed. This section
should also mention the advance amount paid if there is any. The parties should explicitly
agree on the dates of payment, the mode of payment, etc. The price and the details of the
transactions made should be mentioned in both figures and numbers. The sale deed
should also mention the receipts of the sale transaction.
 Delivery & possession of the property- the deed should specifically mention the date of
handover to and possession by the buyer.

Mortgage Deed: A mortgage deed is a legal document that gives the lender an interest in a
property when you take out a loan backed by the property. A mortgage deed is a legally binding
agreement, using property as collateral for a loan. When you purchase a home, you make
payments on a home loan. The mortgage deed is the paperwork you sign that allows the lender to
put a lien on the property until the loan is paid. When people say they make a monthly mortgage
payment, they actually mean they make a monthly loan payment while the mortgage deed
secures the property for the lender. If a borrower doesn't pay back a loan in accordance with the
agreement, the lender can foreclose and take possession of the land or have it auctioned off.

The Mortgage Deed is the evidence of the interest transferred to the mortgage holder. Often
simply referred to as the mortgage, the mortgage deed is the document transferred to the
mortgage holder.
When It Is Used:
1.If you are loaning money to another person or business and want to hold an interest in certain
property they own as security until they repay their debt.
2.If you are borrowing money and want to offer property you currently own as security to the
lender that you will repay the debt in full or they can take claim on the property.

Contents:
1.Details of the property
2.Name of the parties
3.Loan sum and Repayment
4.Reconveyance of property
5.Insurance
6.Default in Repayment
7.Compensation received by the property
8.Leasing of property

Legal Notice Meaning: A legal notice is a formal written communication between the
parties. Through a legal notice, the sender notifies the recipient about his intention of
undertaking legal proceedings against the latter. A legal notice also helps in making the receiving
party aware of the grievances of the sender. It works as a last warning to the receiver to fulfil a
certain condition if he does not want a court battle.

It is used in a wide variety of situations,

1. In Consumer Forums: In case, a faulty product or service is provided to a person he or
she can send a legal notice to the concerned person and ask him to rectify the
deficiencies. 
2. Disputes related to property such as partition, eviction or issues relating to possession of
the property. 
3. Loan Defaulters: Under the Securitisation and Reconstruction of Financial Assets and
Enforcement of Securities Interest Act, 2002 (SARFAESI Act), the debt recovery
proceedings begin by sending a legal notice to the defaulters.
4. Cases under the Negotiable Instruments Act: In case of dishonour of cheque, the
aggrieved can send a legal notice for recovery of payment. 
5. Money Recovery Cases: The first step in money recovery cases is sending a legal notice
to the concerned person.
6. Employee and Employer/Company: If the employer in any way deprives the employees
of their salary, then the employee can send a legal notice to the employer.
It is a tool to save time and cost of litigation as it opens the door for the parties to settle the
matter through negotiation, mediation or arbitration.

Affidavit Defined: The term Affidavit refers to a sworn statement in written format made
especially under an oath or affirmation before an authorised officer or Magistrate.

In other words, an Affidavit is a declaration of facts made in writing and sworn before a person
having the authority to administer oath. All affidavits are verified statements and printed on
Stamp papers of different denominations.
All affidavits need to be drawn up in the first person and should contain facts and not inferences.
A person who makes an affidavit is called a Deponent or an Affiant. The person who has
authority to attest a certificate may be a Magistrate who may in turn be either a Judicial or an
Executive Magistrate, a Notary Public or a Commissioner of Oaths  depending upon the affidavit
which needs to be attested. Indians living abroad can swear affidavits before Consular officers
posted in Indian missions.

Who Can Create An Affidavit?

In order to create an affidavit, an individual should have attained majority and should be in a
position to understand the nature of the contents sworn. In other words, the person should not be
insane or incapacitated to the extent of not knowing the meaning of the statements mentioned in
the affidavit.

Essential Features of an Affidavit

 An Affidavit should be in writing: Since an Affidavit is used as a record in court, it has
to be in writing. This is to make the person who makes the affidavit accountable for the
contents sworn in the affidavit. It also deters people from making false claims since they
amount to punishable offences.
 It must be a declaration made by an individual: An Affidavit can be created only by
an individual, and not by any artificial persons like Companies and other associations or
Groups of individuals.
 It must relate to facts alone: An Affidavit should mention only the facts according to
the best knowledge and belief of the deponent. It should not be based on mere inferences
or assumptions.
 It must be made in the first person: Affidavits cannot be created on behalf of other
persons. The purpose is to prevent declaring of things beyond the reasonable knowledge
of a person.  It is the duty of the deponent to state facts which are known to him/her.
However it is subject to the exception where affidavits are sworn on behalf of minor
children or insane individuals.
 It must be sworn before an officer or magistrate who is authorised to administer
oath: An affidavit can be sworn only before a person having authority to attest it. For
example, a name change affidavit may be attested either by a Notary Public or by an
Executive or Judicial magistrate for documents created in India; while an affidavit for
lost or damaged passport can be attested only by a Judicial or Executive Magistrate and it
is beyond the authority of a Notary Public.

Criminal Pleadings: Criminal pleadings are the tools the state uses to charge criminal
offenses.  In misdemeanor cases tried in district court and on appeal for trial de novo in superior
court, pleadings include arrest warrants, criminal summonses, citations, magistrate’s orders, and
statements of charges.  In felony cases which are initially tried in superior court, the state must
obtain an indictment or criminal information.

1.  A properly-drafted criminal pleading fulfills three main functions:

a. Provides the court with jurisdiction to enter judgment on the offense charged;
b. Provides notice of the charges against which the defendant must defend; and
 c. Enables the defendant to raise a double jeopardy bar to a subsequent prosecution for the
same offense. 

2.  A criminal pleading must contain the following:

a. The name or other identification of the defendant;
b. A separate count for each offense charged;
c. The county where the offense took place;
d. The date (or period of time) when the offense was committed;
e. A plain and concise factual statement supporting every element of the offense charged;
f. A citation of the statute or rule of law alleged to have been violated; and
g. In felony cases, a plain and concise factual statement of any aggravating factor upon
which the state intends to rely.

Body of the Plaint: The second part of the plaint is its body, which is the plaintiff’s
statement of his claim and of other matters which he is legally required to state. It is drawn up in
the form of a narrative in the third person, and is divided into short paragraphs, each containing
ordinarily one fact. It is composed of two portions- the formal portion and the substantial
portion.

Formal Portion: The formal portion consists of the following particulars:

1. A statement as to when the cause of action arose;
2. Facts showing that the court has jurisdiction;
3. A statement of the value of the subject-matter of the suit for the purposes of jurisdiction
and of court-fees;
4. When any party is a minor or a person of unsound mind, a statement to that effect;
5. When the plaintiff sues in a representative character, a statement to that effect, coupled
with the statement that he has taken the steps (if any) necessary to enable him to institute
the suit;
6. When the suit is instituted after the period of limitation, a statement showing the ground
on which the exemption is being claimed.

Revision: If we go to the literal meaning, “to revise” stands for “to look again” or “to look
repeatedly at” or “to go through a matter carefully and correct where necessary”. The High Court
has been empowered with the revisional jurisdiction under section 115 of the Code of Civil
Procedure,1908 and  Section 397 of CrPC.

Civil revision
Under Civil Procedure, 1908, section 115 explains Revision in civil matters. Earlier, there was a
definition of the term “case decided” in CPC. After the Amendment Act, 1976, an explanation
was added to Section 115 of CPC which defined the term “case decided” includes any order
issued, or any order that resolves an issue, in the course of a lawsuit or any other proceeding. It is
also to be noted that only the High court can pass a stay order in any suit or other proceeding for
revision.

According to section 115 of CPC following are the conditions for revision:
1. When a subordinate court has exercised a jurisdiction not vested in it by law.
 2. When a subordinate court has failed to exercise its jurisdiction vested in it by law.
3. When a subordinate court has acted in the exercise of its jurisdiction illegally or with
material irregularity.
There are some exceptions to the discretionary power of the High Court in case of revisions:
1. The High Court shall not exercise revisional jurisdiction except where the order, if it
was made in the favour of the party applying for the revision, would have finally
disposed of the suit or other proceeding.
2. The High Court shall not exercise revisional jurisdiction on any order or decree,
against which an appeal lies to the High Court or to any subordinate court.

Criminal revision
Under Criminal Procedure Code, 1973 Revision is explained for criminal matters in section 397.
Under CrPC revisional jurisdiction can be exercised by the High Court as well as Sessions Judge.
As per section 397 of CrPC, to check the correctness or legality of any finding, sentence or order
or proceeding, the Court may call for such record or direct the execution of any sentence or order
to be suspended and if the accused is in jail a bail be released or on a bond, while the
examination of the record is pending in the court. The word “proceeding” includes a pending
case.
Some exceptions to discretionary powers of the court:
1. The power of revision shall not be exercised in relation to any interlocutory or interim
order passed in appeal, inquiry, trial or other proceedings. An interim order is a
temporary order passed by a Court during pendency of a trial.
2. High Court of Session Judges shall not entertain an application for revision by a
person who has already applied for the same in either of them.

What is Deed of Adoption?

Adoption involves the creation of the parent-child relationship between individuals who are not
naturally so related. The adopted child is given the rights, privileges, and duties of a child and
heir by the adoptive family. It is a Legal document wherein all rights and responsibilities, along
with filiation, from the biological parent or parents is transferred to adopted parents. 

A Deed of Adoption is required in order to declare that the adoption is taking place. Adoption
can be concluded through a registered Adoption deed subject to compliance with the provisions
of the Hindu Adoption and Maintenance Act. However, if Adoption is being taken place under
the Juvenile Justice Act 2015, an Adoption Order finalizes adoption and a deed may not be
required. 

Only Hindus, Sikhs, Jains, and Buddhists are capable of adoption under the ‘Hindu Adoption
and Maintenance Act 1956‘. Whereas Muslims, Christians, Parsis, and Jews can undertake the
adoption process under the ‘Guardian and Wards Act 1890‘ after prior permission from the
court.
Notice under S.80 CPC: Section 80 of the Civil Procedure Code (CPC) says that before
institution of a suit against the government or against any public officer, in respect of any
act purporting to be done by such public officer in his official capacity, until the expiration of
two months next after the notice in writing has been delivered.

Nature of Section 80:

Section 80 contains a rule of procedure and makes it mandatory to serve a notice before
institution of a suit against the Government or against a public officer.
Thus, this section describes two types of cases:
1. Suit against the Government and
2. Suit against public officers in respect of acts done or purporting to be done by such
public officers in their official capacity.

In State of Maharashtra v. Chander Kant 1 it was observed that notice must be given in all
cases regarding the first class of cases. However, regarding  second class cases, notice is
necessary  only where the suit is in respect of any act purporting to be done by such public
officer in the discharge of his duty, and not otherwise.

In State of Madras v. Chitturi   Venkata Durga Parasadrao 2 it was observed that the
expression act purporting to be done  according to one interpretation which is strictly
grammatical, takes in part acts as well as future acts. The other interpretation based upon an
idiomatic interpretation of the language is that it would be restricted to part acts.

What are the essential requisites of a plaint? 

The plaint shall contain the following particulars:

(1) The name of the court in which the suit is brought;

(2) The name, description and place of residence of the plaintiff;
(3) The name, description and place of residence of the defendant, so far as they can be
ascertained;
(4) Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to
that effect;
(5) The facts constituting the cause of action and when it arose;
(6) The facts showing that the court has jurisdiction;
(7) The relief which the plaintiff claims;
(8) When the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so
allowed or relinquished; and
(9) A statement of the value of the subject-matter of the suit for the purpose of jurisdiction and of
court fees, as the case admits. (O. 7, R. 1).