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AIR Practical Approach to Law of Civil Pleadings Concept, Principles, Procedure and Practice

From All India Reporter
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Author :AIR

Publisher :All India Reporter

ISBN No :978-8198526830

SKU :AIR67

Edition :2025

Pages :471 pages

Format :Paperback

Product Size :24.9 X 16.8 X 2.6 CM

HSN No :49011010

Country Region :India

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Description

Key highlights:

  • In-depth analysis of Order VI, VII, and VIII CPC dealing with pleadings, plaints, and written statements

  • Explanation of fundamental rules of pleadings including material facts vs. evidence, form and substance, and amendment of pleadings

  • Step-by-step guide to drafting various types of civil pleadings such as plaints, written statements, applications, rejoinders, and affidavits

  • Practical coverage of cause of action, jurisdiction, limitation, and reliefs claimed

  • Guidance on common errors, court etiquette, and strategic considerations in drafting

  • Includes sample drafts, case law references, and court-compliant formats

  • Special chapters on e-filing and digitization of pleadings in the modern judicial system

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Content

Unit I: Introduction to Pleadings

  1. Meaning, Nature, and Importance of Pleadings

  2. Historical Development and Object of Pleadings

  3. Legal Framework – Overview of Code of Civil Procedure, 1908

  4. Fundamental Rules of Pleading – Order VI CPC

  5. Distinction between Fact, Law, and Evidence

  6. Scope and Effect of Proper and Defective Pleadings


Unit II: Plaint – Framing a Civil Suit

  1. Essentials of a Plaint – Order VII CPC

  2. Cause of Action – Meaning and Relevance

  3. Jurisdiction – Territorial, Pecuniary, and Subject Matter

  4. Valuation and Court Fees

  5. Relief Claimed and Amendment of Plaint

  6. Rejection of Plaint – Section 11 and Order VII Rule 11 CPC

  7. Drafting Sample: Suit for Injunction, Recovery, Damages, Possession


Unit III: Written Statement and Defence

  1. Structure and Filing of Written Statement – Order VIII CPC

  2. Denial, Admissions, and Raising of Defences

  3. Legal Set-off and Equitable Set-off

  4. Counter-claims – Scope and Drafting

  5. Consequences of Non-filing of Written Statement

  6. Drafting Sample: Written Statement in Civil Suit


Unit IV: Affidavits, Applications & Miscellaneous Pleadings

  1. Concept and Format of an Affidavit

  2. Interlocutory Applications and Petitions (e.g., Injunction, Interim Relief, Stay)

  3. Drafting of Rejoinders, Replications, Replies

  4. Notices under Section 80 CPC

  5. Drafting under Special Laws (e.g., Family Law, Rent Control, Consumer Law)

  6. Applications under Order IX (Restoration), Order XXXIX (Injunction), Order VI Rule 17 (Amendment of Pleadings)


Unit V: Practical Aspects of Civil Pleadings

  1. Court Procedure and Filing Process

  2. Common Mistakes and How to Avoid Them

  3. Amendments of Pleadings – Principles and Limits

  4. E-filing and Digital Submissions in Civil Courts

  5. Language and Style in Drafting

  6. Role of Advocates in Preparing Effective Pleadings


Unit VI: Case Law and Advanced Drafting Practice

  1. Landmark Supreme Court and High Court Rulings on Pleadings

  2. Interpretation and Application of Key Procedural Rules

  3. Drafting Exercises Based on Hypothetical Problems

  4. Model Formats for:

    • Plaint for Partition

    • Suit for Specific Performance

    • Petition for Divorce

    • Application for Injunction

    • Written Statement with Counterclaim

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Product Summary

AIR Practical Approach to Law of Civil Pleadings Concept, Principles, Procedure and Practice

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