Ravi Kumar and Annapurna Gupta Civil Pleadings and Drafting

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1. Introduction

• Definition of Pleadings: Pleadings are formal written statements filed by parties in a civil suit, stating their claims or defenses. They provide clarity to the court about the issues in dispute.
• Definition of Drafting: Drafting refers to the art of preparing legal documents that are clear, concise, and legally enforceable. In civil cases, drafting includes preparing plaints, written statements, petitions, affidavits, etc.

2. Objectives of Pleadings and Drafting

• To present facts and claims in a clear and concise manner.
• To inform the court and the opposite party of the issues in dispute.
• To prevent surprises during the trial by fixing the issues.
• To comply with procedural laws and court requirements.
• To ensure justice by providing a fair opportunity for each party to present its case.

3. Fundamental Rules of Pleading (Order VI of CPC, 1908)

• Pleadings must state facts, not law.
• Only material facts are to be stated, not evidence.
• Facts should be stated in a concise form.
• Each allegation should be specific and clear.
• No arguments or opinions should be included in pleadings.

4. Types of Civil Pleadings

1. Plaint
   • Filed by the plaintiff to initiate a lawsuit.
   • Contains details like name of the parties, jurisdiction, facts of the case, cause of action, and relief claimed.
2. Written Statement
   • Filed by the defendant in response to the plaint.
   • Contains admissions/denials, legal defenses, and counter-claims (if any).
3. Replication
   • Filed by the plaintiff in response to the defendant’s written statement.
4. Rejoinder
   • Filed in reply to the replication, when permitted.
5. Counter-Claim and Set-Off
   • Defendant’s claim against the plaintiff, often included in the written statement.
6. Interlocutory Applications
   • Interim relief applications, injunctions, or other procedural requests.
7. Affidavits
   • Sworn statements filed to support pleadings or applications.
8. Execution Petition
   • Filed to enforce a decree passed by the court.

5. Essential Components of Pleadings

• Title and Heading: Name of the court, parties, and case number.
• Cause Title: Full names, addresses of parties, and their status (plaintiff/defendant).
• Facts of the Case: Material facts constituting the cause of action.
• Reliefs Sought: Remedies or reliefs requested from the court.
• Verification: Signature of the party verifying the facts stated are true.

6. Drafting of Civil Documents

• Legal Notices
• Plaints/Petitions
• Written Statements
• Affidavits
• Applications (Under various Orders of CPC)
• Memorandum of Appeal
• Revision and Review Petitions
• Execution Applications

General Guidelines for Drafting

• Understand the facts and legal issues clearly.
• Use simple, precise language.
• Maintain the correct format prescribed by law.
• Avoid repetition and irrelevant facts.
• Ensure legal grounds are properly stated.

7. Examples of Civil Pleadings and Drafts

• Draft of a Plaint for Recovery of Money
• Draft of a Written Statement denying allegations
• Draft of an Application for Temporary Injunction
• Draft of an Affidavit supporting an application
• Draft of an Execution Petition for Decree Enforcement

8. Importance of Pleadings and Drafting in Civil Law

• Determines the scope of the trial.
• Helps the court understand the dispute.
• Ensures fair opportunity to both parties.
• Reduces unnecessary delays and surprises.
• Facilitates justice and effective decision-making.

9. Relevant Legal Provisions

• Code of Civil Procedure, 1908 (Order VI, VII, VIII)
• Indian Evidence Act, 1872 (for affidavits and evidence)
• Specific Relief Act, 1963
• Limitation Act, 1963 (for time-bound actions)

10. Conclusion

Civil Pleadings and Drafting play a vital role in litigation. Well-drafted pleadings and documents lay the foundation of a successful case by clearly defining the issues and facilitating a fair trial. Mastery over drafting skills is essential for any legal practitioner.