Module I: Fundamentals Rules of Pleadings

Meaning: Drafting, Pleading and Conveyancing

Drafting, pleadings and conveyancing are cornerstones of legal practice. They represent the
essential skills required to communicate and represent interests in law.
Drafting: Drafting is the art of writing legal documents. These documents can range from
contracts to wills, and they need to be precise, clear, and legally enforceable.
Key Components of Drafting:
➢ Clarity: Legal documents must be free from ambiguity.
➢ Precision: Every term and condition mentioned should be exact.
➢ Comprehensiveness: The document should cover all eventualities, leaving no room for
misunderstandings.

Pleadings: Pleadings are formal written statements presented to a court by parties involved in a
case. They set the foundation for a lawsuit by narrating facts, defining the legal issues, and
formally requesting relief.
• Pleadings serve as the initial framework for the litigation process and help define the issues in
dispute.
• Pleadings provide a roadmap for the court and the parties involved, guiding them through the
legal proceedings and facilitating the resolution of the case.

➢ Order VI of CPC talks about the Pleading which includes Plaint (Order VII) & Written
Statement (Order VIII).
Types of Pleadings:
▪ Complaint/Plaint: Initiates the lawsuit.
▪ Answer: Responds to the complaint.
▪ Reply: Answers a counter-claim.

Principles of Pleading:
❖ Fact, not Evidence: Pleadings should state the material facts, not the evidence proving those
facts.
❖ Clarity and Precision: As with drafting, pleadings should be clear and precise.
❖ Specific Relief: The pleadings should clearly state the relief sought.
Why are Pleadings Important?
Imagine playing a game where no one knows the rules, and everyone is making moves without a
clear goal. Chaos, right? Similarly, pleadings help set the "rules" for a lawsuit. They:
1. Outline the Issues: Pleadings let each side know what the main issues are. This way, there are
no surprises during the trial.

2. Determine the Course of the Trial: Based on the pleadings, the court gets an idea of what the
case is about and can accordingly plan how the trial will proceed.

3. Avoid Wasting Time: By stating the main points of contention in the pleadings, both sides can
focus on what matters during the trial, saving precious time and resources.

Conveyancing: Facilitating Transfers: Conveyancing pertains to the drafting of documents that

facilitate the transfer of property.
• It involves a series of steps, including drafting and negotiating contracts, conducting title
searches to ensure clear ownership, preparing legal documents such as deeds and mortgages,
and facilitating the transfer of funds.
• Conveyancing ensures that property transactions comply with relevant laws and regulations,
safeguarding the rights of both buyers and sellers.
• This process is crucial in real estate transactions to ensure transparency, legality, and certainty
in property transfers.

➢ Conveyancing covers under Transfer of Property Act, 1882 in which it includes Sale Deed,
Mortgage, Lease, Gift and Actionable Claim.

Just Hint- (Section 5 and 7 of TPA should be read which are General Provision).

Stages of Conveyancing:
1. Pre-contractual: Involves title searches and preliminary enquiries.
2. Contractual: The agreement to sell is drafted and signed.
3. Post-contractual: Final transfer and handing over of property.
Key Points in Conveyancing:
▪ Title Check: Ensure that the seller has a clear title to the property.
▪ Drafting: Prepare the necessary documents for the transfer.
▪ Registration: Ensure that the documents are registered, making the transfer legally
enforceable.
 Structure of Plaint
The structure of a plaint, which is a formal written statement of a plaintiff's claim, typically
follows a standardized format to ensure clarity and compliance with legal requirements.
Below is a typical structure for a plaint:
Title: The plaint begins with the title of the court where the case is being filed, followed by the
name of the parties involved. For example, "In the Court of [Name of the Court]" followed by
"Plaintiff vs. Defendant."
Introduction: This section provides basic information about the plaintiff, such as name, address,
and occupation, followed by similar details about the defendant.
Jurisdiction: The plaint includes a statement establishing the jurisdiction of the court to hear the
case. This may involve specifying the geographic location and legal basis for the court's authority.
Cause of Action: Here, the plaintiff outlines the factual and legal basis for the claim against the
defendant. Each cause of action is presented separately and clearly stated, with supporting facts
and legal arguments.
Prayer for Relief: This section specifies the remedies or relief sought by the plaintiff, such as
monetary damages, injunctions, or specific performance. The relief requested should be clearly
articulated and aligned with the causes of action presented.
Verification: The plaint typically concludes with a verification statement, where the plaintiff
attests to the truth and accuracy of the claims made in the document. This is usually signed and
dated by the plaintiff or their authorized representative.

Structure of Written Statement

A written statement, also known as a written statement of defense or a written statement of defense
and counterclaim, is a legal document filed by the defendant in response to the plaintiff's plaint.
Here's the typical structure of a written statement:
Title: Similar to the plaint, the written statement begins with the title of the court where the case
is being heard, followed by the names of the parties involved, as in "In the Court of [Name of the
Court]" followed by "Defendant vs. Plaintiff."
Introduction: This section identifies the defendant by name, address, and occupation, providing
basic information about the party filing the written statement.
Admission or Denial of Allegations: The defendant responds to each allegation made by the
plaintiff in the plaint, either admitting or denying the facts presented. For each allegation, the
defendant may also provide additional context or clarification as needed.
Affirmative Defenses: In this section, the defendant presents any legal defenses or counterclaims
they wish to assert in response to the plaintiff's claims. Affirmative defenses may include
arguments such as statute of limitations, contributory negligence, or waiver.
Counterclaims (if applicable): If the defendant has any claims against the plaintiff arising from
the same transaction or occurrence, they may assert them as counterclaims in the written
statement. Counterclaims should be clearly articulated and supported by relevant facts and legal
arguments.
Prayer for Relief: Similar to the plaint, the written statement concludes with a prayer for relief,
where the defendant specifies the remedies or relief sought from the court, which may include
dismissal of the plaintiff's claims, damages, or other appropriate relief.
Verification: As with the plaint, the written statement typically ends with a verification statement,
where the defendant attests to the truth and accuracy of the statements made in the document.
This verification is usually signed and dated by the defendant or their authorized representative.

Structure of Affidavit
An affidavit is a written statement of facts voluntarily made by an individual under oath or
affirmation, typically used as evidence in legal proceedings.
Here's the typical structure of an affidavit:
Title: The affidavit begins with the title of the court or jurisdiction where the affidavit is being
submitted, followed by the caption of the case (if applicable), which includes the names of the
parties involved.
Introduction: This section identifies the affiant, providing their full name, address, and
occupation. It may also include a statement confirming that the affiant is of sound mind and is
making the affidavit voluntarily.
Statement of Facts: The main body of the affidavit consists of a detailed narrative or description
of the facts relevant to the matter at hand. The affiant should present the facts clearly, concisely,
and in chronological order, providing specific details and supporting evidence where applicable.
Sworn Oath or Affirmation: Following the statement of facts, the affiant makes a declaration
under penalty of perjury, swearing or affirming that the information contained in the affidavit is
true and accurate to the best of their knowledge and belief. The affiant then signs the affidavit in
the presence of a notary public or other authorized official who administers the oath or
affirmation.
Notarization: After the affiant signs the affidavit, a notary public or other authorized official
completes the notarization process by affixing their official seal or stamp and signing the affidavit,
certifying that the affiant appeared before them, took the oath or affirmation, and signed the
document.
Jurat: The notary public or authorized official typically adds a jurat, which is a statement
certifying the date and place where the affiant appeared before them, the fact that the affiant was
duly sworn or affirmed, and the official's signature and seal.
Attachments or Exhibits (if applicable): If there are any documents or exhibits referenced in
the affidavit, they may be attached to the affidavit as exhibits, with each exhibit labeled and
referenced accordingly.

Verification of Pleadings
Verification of pleadings refers to the process by which the party filing a pleading (plaintiff or
defendant) attests to the truthfulness and accuracy of the statements contained within that
pleading. The verification typically involves a declaration made under oath or affirmation by the
individual submitting the pleading.
Here's a breakdown of the verification process:
Inclusion of Verification: The pleading, whether it's a plaint, written statement, or any other
document filed with the court, should include a verification section. This section usually appears
at the end of the document, following the main body of the pleading.
Statement of Verification: The verification section contains a statement wherein the individual
filing the pleading (the plaintiff or defendant, as applicable) declares that the contents of the
pleading are true and correct to the best of their knowledge, information, and belief.
Sworn Oath or Affirmation: The individual making the verification typically states that they
solemnly affirm or swear that the statements made in the pleading are true. This affirmation or
oath is taken seriously, as making false statements under oath can lead to legal consequences.
Signature: Following the verification statement, the individual filing the pleading signs the
document. This signature serves as confirmation that the party has personally reviewed the
pleading and is attesting to its accuracy.
Notarization (if required): Depending on the jurisdiction and the type of pleading, the
verification may need to be notarized by a notary public or other authorized official. Notarization
involves the affixing of an official seal or stamp by the notary public, along with their signature,
certifying that the individual appeared before them and made the verification under oath or
affirmation.
Filing with the Court: Once the pleading has been properly verified, it is filed with the court
clerk or submitted through the appropriate electronic filing system, along with any required filing
fees or documents.
 Object of Verification
The primary objective of verification in legal pleadings is to ensure the accuracy and truthfulness
of the statements made therein.
Verification serves several essential purposes:
a) Credibility: By requiring parties to verify the contents of their pleadings, the legal system
enhances the credibility of the information presented to the court. When statements are made
under oath or affirmation, there is a presumption that they are truthful, which helps maintain
the integrity of the judicial process.

b) Accountability: Verification holds parties accountable for the accuracy of the information they
submit to the court. Parties are less likely to make false or exaggerated claims if they know
they could be held legally responsible for any inaccuracies.

c) Deterrence of False Claims: The requirement of verification acts as a deterrent against the
submission of false or frivolous claims. Parties are less likely to fabricate allegations or
provide misleading information when they must attest to the truthfulness of their statements
under penalty of perjury.

d) Judicial Efficiency: Verified pleadings provide a more reliable basis for judicial decision-
making, reducing the need for further investigation or fact-finding by the court. This promotes
efficiency in the legal process and helps expedite the resolution of disputes.

e) Admissibility of Evidence: Verified pleadings may carry more weight as evidence in court
proceedings. Courts may give greater consideration to verified statements when evaluating the
merits of a case or determining the admissibility of evidence.

Amendment of Pleadings
The amendment of pleadings refers to the process by which parties to a legal action are allowed
to modify or supplement their initial pleadings after they have been filed with the court. This
process is governed by procedural rules and laws, and it serves to ensure fairness, efficiency, and
the proper presentation of claims and defenses in litigation.
Here's an overview of the amendment of pleadings:
❖ Purpose: The primary purpose of allowing amendments to pleadings is to enable parties to
correct errors, omissions, or deficiencies in their initial pleadings, as well as to respond to new
developments or information that may arise during the course of litigation.
❖ Timing: Generally, parties may seek to amend their pleadings at any stage of the litigation
process, but the timing and procedures for doing so may vary depending on the rules of civil
procedure applicable in the jurisdiction and the stage of the proceedings.

❖ Procedure: The specific procedure for amending pleadings typically involves filing a formal
motion or application with the court, along with the proposed amended pleading attached as
an exhibit. The opposing party may have an opportunity to respond to the motion, and the
court will ultimately decide whether to grant or deny the request for amendment.

❖ Factors Considered by the Court: In deciding whether to grant leave to amend pleadings,
courts generally consider factors such as the reasons for the proposed amendment, whether it
will cause undue delay or prejudice to the opposing party, and whether it will promote the
interests of justice.

❖ Scope of Amendment: The scope of permissible amendments may vary depending on the rules
of civil procedure and the discretion of the court. In general, parties are allowed to amend their
pleadings to add or remove claims or defenses, clarify allegations, correct factual inaccuracies,
and address other substantive or procedural issues.

❖ Opposition: The opposing party may oppose a motion to amend pleadings on various grounds,
such as undue delay, prejudice, or futility of the proposed amendment. The court will consider
any objections raised by the opposing party in deciding whether to grant or deny the motion.

❖ Effect of Amendment: If the court grants a motion to amend pleadings, the amended pleading
becomes part of the official record of the case, and the parties are bound by its contents. The
litigation will proceed based on the amended pleadings unless further amendments are
permitted by the court.