DRAFTING, PLEADING AND CONVEYANCING. Introduction: By the art of legal drafting (also commonly called the legal composition) we mean the art of. 1 DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW FINAL DRAFT OF PLEADING, DRAFTING AND CONVEYANCE AMENDMENT OF. CONTENTS DRAFTING OF PLEADING AND CONVEYANCING – General Principles of Drafting and Relevant Rules CIVIL – Plaint – Written Statements.
|Published (Last):||25 November 2004|
|PDF File Size:||12.58 Mb|
|ePub File Size:||16.71 Mb|
|Price:||Free* [*Free Regsitration Required]|
Therefore it is for the Courts to decide whether an amendment of pleading is necessary for the cause of justice or curbing the delay. A lawyer should be careful while drafting a plaint or a written statement. The second fundamental rule of pleading is therefore, that every pleading shall contain and contain only, a statement of the material fact as on which the party pleading relies for his claim or defence.
Thus where brevity and precision cannot be achieved without clarity, prolixity in pleading would be justified.
U S An appeal is a continuation of a suit but this is only in a limited sense, it does not, however, mean that the rights which could be pleaded and enforced before a suit was finally adjudicated by the first court could be pleaded as of right for the first time during the pendency of the appeal. The order consists of rules and is the longest of all he order of the code. The performance of occurrence of any condition precedent need not be pleaded as its averments shall be implied in the pleading.
For the same reason Machindar’s case is not so binding a further the purpose therein was different and the Constitution did not operate thereon. It is mportant to note that no new plea, which was not taken in the pleadings and on which no issue was ramed nor evidence was led, should be raised. Therefore, should begin the subsequent paragraphs. Where a claim has never been made in the defence, no amount of evidence can be looked into upon a plea which was never put forward.
In a money suit, it is material to allege part-payment of the loan and also any other fact which gives a new K lease of three years’ time to the loan in order to save the suit ITom the bar of limitation.
It was not even contended that the company was not the proper party to be sued.
Drafting, Pleading, Conveyancing Syllabus
In the matter of ………. Material part of the memorandum consists of the grounds of appeal. Every person has a right to bring a suit of a civil nature and civil court has jurisdiction to try an the suits 01a civil nature. K Where a landlord files a suit against a tenant as a trespasser, the defendant can take pleadint legal plea of estopple under s.
Such a tendency makes the pleadings not only lengthy, U but also results in confusion. Drafting, Pleading and Conveyancing is specially designed for students pursuing the three-year or five-year degree course in law education institutes including national law schools. An Affidavit is sometimes also required to be filed in support of an application and in that the facts and grounds etc. The names of the parties, d. Details of the pledaing caused to the property on account of the accident: That the decision of the learned judge is against the rule 50, of evidence in the case, and the learned judge ought to have dismissed the plaintiff’s suit.
To what extent provisions of the CPC are applied to a particular civil proceeding depends on the statute under which the tribunal is created.
If he can return an affirmative answer, he should exclude such irrelevant facts, but if the answer be in the negative, then he must include them Another way of testing the materiality of the facts would be to ask whether by proving a particular fact, he would p,eading establish the A cause of action or the defence.
Pleading Must be Signed: Signature of the plaintiff along with the signature of the advocate. Similarly in trade and commerce there are many customs which govern the business relations between the parties.
Drafting Pleading & Conveyance | RAJESH BHATIYA –
He must plead material facts only, and that no fact which is not material should be pleaded, nor should the party plead evidence.
If the facts stated in the pleading are all material, then they all must be alleged not with standing the prolixity that might cause. That in the rainy season the waters of the said rivers overflow the said bridges and in order to enable the passengers to go from one end of the river to another for the purpose of crossing the said rivers, M the Respondent has made arrangements to carry the passengers or persons intending to cross the said river by providing boats at the ferry close to each said river, known as on the river ……….
Next, the name of the parties first named are mentioned, as it is not necessary to mention the names, M convsyancing and place of residence of all the parties in the title of the written statement. It is better if such perfactory remarks are cut down to the minimum.
Drafting, Pleading and Conveyancing
Insolvency and Bankruptcy Code of India. Thus he must state all the facts on which his plaint is based. The fundamental rule of pleadings mentioned in the part I of this study material are broadly applicable even to civil proceedings, though because of the relatively summary nature plfading those proceedings the same rules may not apply in their full rigors.
Pleas should be definitely mentioned so that they can be properly identified. It is a general practice to mention the relief sought by the appellant though it is not mandatory to is so.
That a sum of Rs ………. If he verifies a fact on drafring received he should make a specific mention to this effect and use the words, “the information received from so and so which I believe it conveyancong be true”.
You are of the view that in the ppeading run ………. The whole object of the pleadings is to narrow the parties to definite issues and thereby diminish expense and delay, especially as regards the amount of testimony required on either side of the hearing.
A few instances of bad pleading for the benefit of the law students who whish to join the Bar: Just below the name of the court, a space should left for the number of the suit.