Drafting

Drafting refers to the process of preparing legal documents by combining law and facts
in clear and precise language.

In other words, legal drafting is the expression of legal rights, duties, privileges, or
obligations in a definite written form.

It involves the preparation of various legal instruments, such as:

●​ Constitutions​

●​ Statutes​

●​ Regulations​

●​ Ordinances​

●​ Contracts​

●​ Wills​

●​ Conveyances​

●​ Trust deeds​

●​ Leases​

The purpose of drafting is to present legal rights and obligations clearly so that they can
be legally enforced.

2. Pleadings
Pleadings are written statements filed by the parties in a case stating their claims and
defenses.

They inform the court and the opposite party about:

 ●​ The facts of the case​

●​ The contentions of each party​

●​ The issues that need be decided during the trial​

Thus, pleadings help the opposite party understand the case and prepare their defence.

3. Kinds of Pleadings
Under civil procedure, the main kinds of pleadings are:

1. Plaint

A plaint is the pleading filed by the plaintiff.

The provisions relating to the plaint are contained in Order VII of the Code of Civil
Procedure, 1908

It contains:

●​ The cause of action​

●​ The facts of the case​

●​ Details of injury or loss suffered​

●​ The relief claimed​

It is the document that initiates a civil suit.

2. Written Statement

A written statement is the pleading filed by the defendant in response to the plaint.
The provisions relating to written statements are contained in Order VIII of the Code of
Civil Procedure, 1908.

It includes:

●​ Admission or denial of the plaintiff’s allegations​

●​ Explanation of facts​

●​ New facts supporting the defendant’s defence​

Thus, it is the defence of the defendant against the plaintiff’s claim.

4. Object of Pleadings
The main object of pleadings is to give fair notice to each party about the case of the
opponent.

The objectives include:

1.​ To inform each party about the claims and defences of the other party.​

2.​ To identify the points of agreement and disagreement between the parties.​

3.​ To bring the parties to a clear and definite issue for trial.​

4.​ To prevent surprise during the trial.​

A very important rule is that issues not raised in pleadings cannot be raised later at the
trial or appellate stage.

5. Fundamental Rules of Pleadings

The fundamental rules of pleadings are laid down in Order VI Rule 2 of the Code of Civil
Procedure (CPC).

Rule 1: Pleadings must state facts, not law

The pleading should contain facts of the case, not legal arguments or interpretations of
law, unless a statute requires it.

Rule 2: Only material facts must be stated

All material facts necessary to establish the case must be included, but unnecessary
details should be avoided.

Rule 3: Evidence should not be stated

The pleading should state facts, not the evidence that will be used to prove those facts.

Example:

●​ Fact: The defendant borrowed ₹1,00,000 from the plaintiff.​

●​ Evidence: The written agreement and witnesses.​

Only the fact should be stated in pleadings.

Rule 4: Facts must be stated concisely and clearly

The facts must be presented briefly, clearly, and precisely, so that the court and the
opposite party can easily understand them.

PLAINT

The plaint is the foundation of a civil suit and is defined as the statement of claim presented by
the plaintiff before a court of law. The provisions relating to the particulars of a plaint are
contained in Order VII Rule 1 of the Code of Civil Procedure, 1908.
The following particulars must be included in a plaint:

1. Name of the Court

The plaint must specify the name of the court where the suit is filed.

2. Details of the Parties

It must contain the name, description, and place of residence of both the plaintiff and the
defendant to properly identify the parties.

3. Cause of Action

The plaint must state the facts constituting the cause of action and the date or time when it
arose.

This shows the legal basis of the claim.

4. Jurisdiction

Facts must be stated to show that the court has territorial, pecuniary, and subject-matter
jurisdiction to try the suit.

5. Relief Claimed

The plaint must clearly mention the relief sought by the plaintiff, such as damages, injunction,
recovery of money, or declaration.

6. Valuation of Suit

The plaint must state the value of the subject matter for determining court fees and jurisdiction.

7. Set-off or Other Claims

Where applicable, the plaint must mention any set-off or additional claims.

8. Verification

The plaint must be verified by the plaintiff stating that the facts mentioned are true to the best of
their knowledge.

CAUSE TITLE
The cause title refers to the introductory portion of a plaint or legal pleading which identifies the
court and the parties involved in the case.

It generally includes the following details:

1. Name of the Court

The full name of the court where the suit is instituted.

Example:

“IN THE COURT OF THE CIVIL JUDGE AT BANGALORE”

2. Case Number

The number assigned to the case by the court registry for identification.

Example:

“O.S. No. ___ of 2025”

3. Names of Parties

The cause title includes the name, description, and address of the plaintiff and defendant.

Example:

Plaintiff

Vs.

Defendant

4. Status of Parties

The parties are identified as Plaintiff(s) and Defendant(s).

The cause title helps the court easily identify the case, the parties involved, and the court in
which the suit is filed.

DIFF B/w AFFIDAVIT, VERIFYING AFFIDAVIT AND VERIFICATION

affidavit, verifying affidavit, and verification (declaration) are legal statements used in pleadings
and legal proceedings, but they differ in purpose, formality, and legal effect.

1. Affidavit
An affidavit is a written statement of facts made voluntarily under oath or affirmation before an
authorized authority such as a Notary Public or Oath Commissioner.

According to Section 3(3) of the General Clauses Act, 1897, the term affidavit includes
affirmation and declaration in cases where a person is permitted by law to affirm instead of
swearing.

Affidavits are commonly used:

●​ As evidence when other documentary proof is unavailable​

●​ For name change declarations​

●​ For patent applications​

●​ In court proceedings​

Thus, an affidavit serves as a formal sworn statement of facts.

2. Verifying Affidavit
A verifying affidavit is a sworn statement filed along with pleadings or petitions in which the party
confirms that the contents of the pleading are true and correct.

Characteristics:

●​ Must be sworn before a Notary Public or Oath Commissioner.​

●​ Usually written in the first person.​

●​ Must be signed by the party making the statement.​

●​ If the statements are false, the person may face perjury proceedings.​
A verifying affidavit is considered an essential requirement in formal legal proceedings,
especially in courts.

3. Verification (Declaration)
Verification is the statement at the end of a pleading where the party declares that the facts
mentioned are true to their knowledge, information, or belief.

Key features:

●​ Does not need certification by a notary public.​

●​ Usually signed before an advocate or attorney.​

●​ Written in the first person and signed by the party.​

●​ False statements may create estoppel, preventing the party from denying the statement
later.​

Verification is commonly used in quasi-judicial and administrative proceedings.

Legal Notice
A legal notice is a formal communication sent by one party to another informing them that the
sender intends to initiate legal proceedings if a particular demand is not fulfilled.

It gives the opposite party an opportunity to settle the dispute before litigation begins.

A legal notice is usually drafted in the first person and addressed to the person against whom
the claim is made. It must clearly state the facts of the case and the demand or claim. Generally,
it is sent through registered post with acknowledgement due so that proof of delivery is
available.

Circumstances Where Serving Notice is Necessary

The necessity of serving a legal notice arises in the following situations:
1. When it is Required by Law

Certain statutes make it mandatory to give notice before filing a suit. Examples include:

●​ Section 80 of the Code of Civil Procedure, 1908 – Notice before filing a suit against the
Government or a public officer.​

●​ Section 106 of the Transfer of Property Act, 1882 – Notice for termination of lease or
tenancy.​

●​ Sections 93, 102 and 138 of the Negotiable Instruments Act, 1881 – Notice in cases
relating to dishonour of negotiable instruments (such as cheque bounce).​

2. When it is Stipulated in a Contract

Sometimes contracts require prior notice before taking legal action.

Example:

In employment contracts, termination of employment may require notice from either party before
ending the contract.

3. As a Matter of Precaution

Even when the law does not require it, parties may send a notice as a precautionary step.

The purpose is:

●​ To attempt amicable settlement of disputes​

●​ To give the opposite party a final opportunity to comply with the demand​

●​ To create a record of the claim​

Section 80 of the Code of Civil Procedure, 1908

Section 80 CPC deals with notice before instituting a suit against the Government or a public
officer.
Main Rule

No suit shall be instituted against:

●​ The Central Government​

●​ The State Government​

●​ A public officer acting in official capacity​

unless a written notice is served two months before filing the suit.

The notice must contain:

●​ The name and address of the plaintiff​

●​ The cause of action​

●​ The relief claimed​

The purpose of this provision is to give the Government an opportunity to examine the claim and
settle the dispute without litigation.

Jurisdiction
Jurisdiction means the authority or power of a court to hear and decide a case, suit, or
application.

It determines which court is competent to try a particular case.

Jurisdiction of courts may be classified into different types such as:

1.​ Original Jurisdiction – Power of a court to hear a case for the first time.​

2.​ Appellate Jurisdiction – Power of a higher court to hear appeals from lower courts.​
 3.​ Territorial (Local) Jurisdiction – Authority of a court over cases within a specific
geographical area.​

4.​ Pecuniary Jurisdiction – Jurisdiction based on the monetary value of the suit.​

5.​ Subject-Matter Jurisdiction – Jurisdiction based on the nature of the case.​

The term “place of suing” refers to the territorial jurisdiction of courts, meaning the geographical
limits within which a court can exercise its authority.

The State Government fixes the territorial limits of courts by issuing notifications.

Jurisdiction under the Code of Civil Procedure

(Sections 15–20)

Section 15 – Court of Lowest Grade

Every suit must be filed in the court of the lowest grade competent to try it.

Purpose:

●​ To reduce the burden on higher courts​

●​ To ensure proper judicial administration​

Section 16 – Suits Relating to Immovable Property

Suits relating to immovable property must be filed in the court within whose territorial jurisdiction
the property is situated.

Examples:
 ●​ Recovery of immovable property​

●​ Partition of property​

●​ Foreclosure or sale of mortgage​

●​ Determination of rights in immovable property​

Section 17 – Property in Jurisdiction of Different Courts

When immovable property is located in the jurisdiction of more than one court, the suit may be
filed in any court within whose jurisdiction any part of the property is situated.

Section 18 – Uncertain Jurisdiction

If there is uncertainty about the territorial limits of courts, the suit may be instituted in any court
that appears to have jurisdiction, subject to later determination.

Section 19 – Suits for Compensation

In cases where a suit is filed for compensation for wrong done to a person or movable property,
the plaintiff has an option to file the suit in either of the following courts:

1.​ The court within whose jurisdiction the wrong was committed, or​

2.​ The court where the defendant resides, carries on business, or works for gain.​

Section 20 – Other Suits

Other suits may be instituted in a court within whose jurisdiction:
 1.​ The defendant resides, or​

2.​ The defendant carries on business, or​

3.​ The defendant personally works for gain, or​

4.​ The cause of action arises wholly or partly.​

Jurisdiction in Case of Movable and Immovable Property in a

Will
When a dispute arises regarding property mentioned in a will, jurisdiction is determined
differently for movable and immovable property.

1. Movable Property

Jurisdiction is determined based on the domicile (permanent residence) of the deceased

person.

2. Immovable Property

Jurisdiction is determined based on the location (situs) of the property.

Example:

●​ If land mentioned in the will is located in Bangalore, the suit must be filed in the court
within whose jurisdiction the property is situated.​

Interlocutory Applications (IA)

An Interlocutory Application (IA) is an application made to the court during the pendency of a
case (suit, appeal, or proceeding) to request some temporary or procedural order.

It is called interlocutory because it is filed in between the stages of a case, before the final
judgment is given.
Important Features of an IA
1.​ Filed in an existing case​
​
It can only be filed when a suit, appeal, or proceeding is already pending.​

2.​ Supported by an affidavit​

​
Normally every IA must be supported by an affidavit stating the facts.​

3.​ Contains cause title​

​
The IA must carry the same cause title as the main case.​

4.​ Only relief requested​

​
The IA should only state the order requested and should not contain long arguments.​

5.​ Notice to other party​

​
Notice must be given to the opposite party or their lawyer at least 3 days before the
hearing.​

6.​ Only one relief​

​
Generally, only one relief should be requested in one IA.​

Examples of Interlocutory Applications

Some common IAs under the Code of Civil Procedure (CPC) are:

●​ Setting aside ex-parte order – Order IX Rule 7​

●​ Adjournment of case – Order XVII Rule 1​

●​ Condonation of delay in producing documents – Order XIII Rule 1​

●​ Amendment of plaint – Order VI Rule 17

●​ Appointment of commissioner – Order XXVI Rule 9.​
Memorandum of Facts
Normally an IA must be supported by an affidavit.

However, in certain situations, instead of an affidavit, the court may allow a memorandum of
facts.

A memorandum of facts is a short written statement of facts signed by the advocate (pleader).

It may be allowed when:

●​ The facts are already present in the court record, or​

●​ The facts relate to actions or conduct of the advocate himself.​

Interlocutory Application Memorandum of Facts

(IA)

Meaning Application filed during a Short statement of facts filed

case seeking a court order instead of affidavit

Purpose To request a specific order To state facts supporting the

from the court IA

Signed by Party filing the application Advocate / Pleader

Supported by Normally requires an affidavit Filed when affidavit is not

necessary
 Use Used to obtain interim orders Used only to explain facts
relating to the IA

Here is a simple explanation of the difference between a Plaint and an Original Petition (OP) in
an exam-friendly format.

Difference Between Plaint and Original Petition

Meaning
Plaint

A plaint is a written statement of claim filed by a plaintiff to start a civil suit under the Code of
Civil Procedure, 1908 (CPC).

It is filed when a civil right is infringed.

Original Petition (OP)

An Original Petition is a petition filed directly before a court under a specific statute (special law)
to enforce or seek relief under that statute.

Key Difference

Basis Plaint Original Petition

Meaning Written statement initiating a Petition filed under a special

civil suit statute
 Law governing it Code of Civil Procedure Special statutes
(CPC)

When filed When a civil right is violated When a statutory right is

violated

Parties Plaintiff vs Defendant Petitioner vs Respondent

Nature of case General civil disputes Matters governed by specific

laws

Example laws Property disputes, money Hindu Marriage Act,

recovery etc. Guardians and Wards Act

Examples
Plaint

Filed in cases such as:

●​ Property disputes​

●​ Recovery of money​

●​ Breach of contract​

●​ Injunction suits​

These are governed by CPC procedures.

Original Petition
Filed under special Acts, such as:

●​ Hindu Marriage Act, 1955 (divorce, restitution of conjugal rights)​

●​ Guardians and Wards Act, 1890 (guardianship of minors)​

●​ Other statutory matters.​

Conveyancing

Conveyancing is the legal process of transferring ownership or rights in property from one
person to another.

In simple terms, it means the transfer of rights, title, or interest in property through a legal
document.

It usually involves the preparation and execution of legal documents that transfer property
rights.

Examples of Conveyancing

Conveyancing is commonly used in transactions such as:

●​ Sale of property​

●​ Gift of property​

●​ Mortgage​

●​ Lease​

●​ Exchange of property​

Conveyancing Documents

Some common conveyancing instruments include:

●​ Sale Deed- is a legal document through which ownership of property is transferred from
the seller (vendor) to the buyer (purchaser) for a price or consideration. It is the most
 common form of property transfer. Once registered, the buyer becomes the legal owner
of the property.​

●​ Gift Deed- Gift Deed is a document through which a person voluntarily transfers property
to another without any monetary consideration. It must be made voluntarily and accepted
by the [Link] the Transfer of Property Act, it must be registered to be valid.​

●​ Mortgage Deed - Mortgage Deed is a document where the owner of property transfers
an interest in the property to a lender as security for a loan. The borrower is called the
mortgagor and the lender is the [Link] property can be reclaimed after
repayment of the loan.​

●​ Lease Deed- A Lease Deed is an agreement where the owner (lessor) gives the right to
use property to another person (lessee) for a fixed period in exchange for
[Link] does not transfer; only possession and use are given temporarily​

●​ Settlement Deed- A Settlement Deed is a document used to transfer property within

family members, usually to avoid future disputes. It transfers ownership immediately or
after the lifetime of the [Link] must also be properly executed and registered.​