DRAFTING PLEADING & CONVEYANCING (DPC)

Complete Study Guide for LLB Examination

QUICK REFERENCE
Key Topics Covered:
• Fundamental Rules of Pleading
• Plaint: Structure, Requirements & Drafting
• Written Statement: Defences & Rules
• Particulars in Pleadings
• Joinder of Causes & Parties
• Amendment of Pleadings
• Affidavits & Verification
• Appeals, Revision & Review

1. INTRODUCTION TO PLEADINGS
1.1 Definition & Meaning
Pleadings are statements of facts in writing drawn up and filed in court by each party
to a case, stating:
• What their contention shall be at trial
• All details the opponent needs to know to prepare their case
In India: Only TWO pleadings as defined under Order 6, Rule 1 CPC:

PLAINT WRITTEN STATEMENT

Statement of Claims by Plaintiff Statement of Defence by Defendant
Sets out cause of action with necessary Deals with every material fact alleged in
particulars plaint + new facts in defendant's favour

1.2 History of Pleadings (Key Points)

• Originally oral pleadings - parties appeared in court before judges
• Pleaders (Pandits/Maulvis in India, narrators in England) helped parties
• Judge's duty: 'moderate' or 'superintend' oral contentions
• Court officers recorded allegations on parchment (early documents)
• Queen Victoria's reign: Multiple issues per cause of action allowed
• Judicature Act 1873 (England): Major reforms in pleading
• Modern Indian law based on English system

1.3 Object & Function of Pleadings

PRIMARY OBJECTIVES:
• Give fair notice to each party of opponent's case
• Ascertain with precision: what parties agree on vs. what they dispute
• Narrow down controversy to definite issues
• Define area of conflict
• Allow parties to be fully apprised of issues before trial
• Enable parties to gather appropriate evidence
 • Prevent surprise at trial
• Place precise questions on record

2. FUNDAMENTAL RULES OF PLEADING

MNEMONIC: 'FECs' - Facts, Evidence (NOT), Conciseness

2.1 RULE 1: FACTS NOT LAW

Golden Rule: State FACTS only; let the judge draw legal conclusions
❌ WRONG - Conclusions of Law:
• 'The defendant was negligent' (legal conclusion)
• 'Abu Mohammad made a gift' (legal conclusion)
• 'The contract is rescinded' (legal conclusion)
• 'The defendant owes nothing to plaintiff' (legal conclusion)
✓ CORRECT - State Underlying Facts:
• 'Gift was made, accepted, and possession was delivered' (facts)
• 'Defendant drove at high speed on crowded street without brakes' (facts)
• 'Contract was rescinded by written notice dated XX/XX/XXXX' (facts)

2.2 RULE 2: MATERIAL FACTS ONLY

Material Fact: Any fact essential to your claim/defence that you must prove at trial
KEY PRINCIPLE:
• If you don't plead it → You cannot prove it at trial
• If opponent doesn't deny it → It's deemed admitted
• If in doubt → PLEAD IT

2.3 RULE 3: FACTS, NOT EVIDENCE

FACTA PROBANDA (Facts to be proved) → Plead them
FACTA PROBANTIA (Facts by which proved) → Don't plead them

2.4 RULE 4: CONCISE, PRECISE, WITH CERTAINTY

REQUIREMENTS:
• State facts boldly and plainly
• Use chronological order
• Avoid unnecessary details
• Be absolutely clear
• Use consistent terminology throughout
• Divide into numbered paragraphs
• One main fact per paragraph
• Use active voice preferably
• Avoid 'if and buts'
• Avoid pronouns - use 'the plaintiff' and 'the defendant'
3. PLAINT: STRUCTURE & REQUIREMENTS
3.1 Two-Part Structure of Plaint
PART A: HEADING & TITLE
• Court name (capitals)
• If HC: mention Original or Appellate jurisdiction
• Suit type and number
• Parties with description and residence
• Nature of suit

PART B: BODY OF PLAINT

SUBSTANTIVE PORTION:
• Opening: 'The above-mentioned plaintiff states as follows, That...'
• Matter of Inducement: Background facts
• Cause of Action: How agreement was entered
• Breach/Wrong: What was violated
FORMAL/PARTICULARS PORTION:
• Date of cause of action
• Statement of jurisdiction
• Valuation of suit
• Minor/unsound mind status (if applicable)
• Within limitation period
• Prayer/Relief sought
• Verification clause

3.2 Nine Essential Elements (Order 7, r.1)

• Court name (HC jurisdiction if applicable)
• Name, description, residence of plaintiff
• Name, description, residence of defendant
• Minor/unsound mind statement (if applicable)
• Facts constituting cause of action
• Facts showing court jurisdiction
• Relief/remedy claimed
• Set-off or relinquished portion (if any)
• Value of subject-matter for jurisdiction/court fees

4. WRITTEN STATEMENT: DEFENCES & RULES

4.1 Three Forms of Defence
FORM 1: DENIAL/TRAVERSE
• Totally and categorically deny allegations
• Must be SPECIFIC (not general)
• Must not be EVASIVE (answer substance)

FORM 2: SPECIAL DEFENCE (Confession & Avoidance)

• Admit allegations BUT destroy their effect
• Allege affirmative facts showing justification
 • Example: 'Admit bond but plea it's been paid'

FORM 3: OBJECTION IN POINT OF LAW

• Even if facts are true, legal inference is wrong
• Facts don't disclose cause of action

4.2 Critical Rules (Order 8 Rules)

RULE 2: New facts showing suit not maintainable MUST be pleaded
• Fraud, limitation, release, payment, performance
RULE 3: Denial must be SPECIFIC (not blanket denial)
RULE 4: Denial must not be EVASIVE
RULE 5: CRITICAL - Any fact NOT admitted/denied/stated as 'not admitted' = DEEMED
ADMITTED

5. PARTICULARS IN PLEADINGS
5.1 Definition
Particulars = Detailed information about material facts
Rule 4, Order VI CPC: Required for serious allegations
• Misrepresentation
• Fraud
• Breach of trust
• Wilful default
• Undue influence

5.2 Objectives of Particulars

• Provide clear notice of case opponent must meet
• Eliminate vagueness
• Enable proper preparation of defence
• Narrow down issues for trial
• Prevent surprise at trial
• Ensure responsible allegations

6. AMENDMENT OF PLEADINGS
Two Types of Amendment
TYPE 1: COMPULSORY (Court-Ordered, Order 6 r.16)
• Court strikes out unnecessary, scandalous, frivolous content
• Content that prejudices, embarrasses, or delays trial
TYPE 2: VOLUNTARY (Party-Applied, Order 6 r.17)
• Party applies; Court has discretion
• Must be in good faith
• Cannot cause irreversible prejudice
 • Cannot amend after trial commenced (except good cause)

6.2 Four Kinds of Amendment

KIND 1: FORMAL (Most Liberal)
• Missing signature/verification
• Wrong court fee
• Courts almost always allow
KIND 2: SUBSTANTIVE (Most Contested)
• Adding new facts
• Introducing additional cause of action
• Changing legal basis of suit
• Court carefully weighs prejudice & timing
KIND 3: RELIEF AMENDMENTS
• Adding/changing prayer
• Must flow from pleaded facts
KIND 4: PARTY AMENDMENTS
• Adding/removing parties
• Correcting misnomer

7. AFFIDAVITS & VERIFICATION

7.1 Key Distinction
AFFIDAVIT: Formal sworn statement before authorized officer (separate document)
VERIFICATION: Certification clause at end of pleading confirming truth of contents
BOTH ARE MANDATORY for valid plaint

8. CAUSE OF ACTION
DEFINITION: Facts necessary for plaintiff to prove right to judgment
KEY PRINCIPLE: If evidence needed for two claims is DIFFERENT → Different causes
of action
Cause of action NOT dependent on:
• Defence set up by defendant
• Character of relief prayed

9. FOUR ESSENTIALS OF SUIT

• PARTIES - Plaintiff vs. Defendant
• SUBJECT MATTER (Cause of Action) - Right claimed on legal relation
• JURISDICTION - Court must have power
• RELIEF - Must be precisely stated (if no relief, suit rejected)
10. APPEALS, REVISION & REVIEW
SECTION 96 - APPEAL from original decree
• Appeal SHALL LIE from every decree (as right)
• Exception: NO appeal if decree with consent of parties
SECTION 100 - SECOND APPEAL (High Court)
• From appellate decree if case involves substantial question of law
SECTION 115 - REVISION (High Court)
• Subordinate court exercised jurisdiction not vested in it
• Failed to exercise jurisdiction vested in it
• Acted illegally or with material irregularity
SECTION 114 - REVIEW (Same court)
• New and important evidence discovered
• Mistake or error on face of record
• Other sufficient reason

11. MEMORY AIDS & QUICK TIPS

11.1 Key Acronyms
• 'F.E.C.S.' = Facts, Evidence NOT, Concise, Specific (4 Rules)
• 'F.S.R.P.' = Formal, Substantive, Relief, Party (4 Amendment Types)

11.2 Plaint Essential 9 Elements

• Court name, Description of plaintiff, Description of defendant
• Minor/mental condition, Facts of cause, Jurisdiction facts
• Relief, Set-off/relinquished, Valuation

11.3 Common EXAM MISTAKES to AVOID

• ❌ Stating LAW (must state FACTS)
• ❌ Including EVIDENCE (facts only)
• ❌ General denials (must be SPECIFIC)
• ❌ Forgetting to plead serious accusations
• ❌ Not stating relief (suit rejected)
• ❌ Using pronouns instead of 'plaintiff/defendant'
• ❌ Not listing documents
• ❌ Repeating same fact multiple times

11.4 Quick Checklist Before Submitting

• ☐ Court name and jurisdiction?
• ☐ Parties properly described with addresses?
• ☐ All material facts pleaded?
• ☐ Facts ONLY (no law)?
• ☐ Chronological order?
• ☐ Numbered paragraphs?
• ☐ Specific (not vague) allegations?
• ☐ Relief clearly stated?
• ☐ Verification included?
• ☐ Documents listed?

***BEST OF LUCK FOR YOUR EXAMINATION***