DRAFTING
The term drafting means preparing a preliminary version of the document. Legal drafting can be
defined as the collection of a law, its components, facts and other related stuff in legal language on a legal
document. Laws, facts and language are the three main components of legal drafting. Legal drafting is
preparation of legal documents like contracts, notices, etc.
Qualities of good drafting or writing:-
Conciseness
Clarity
Completeness
Preciseness
Pleasant accent
Pleading
Pleadings form the foundation for any case in the court of law. It is a statement in writing filed by the
counsel of plaintiff stating his contentions on the case, on the basis of which the defendant shall file the
written statement defending himself and explaining why the plaintiff’s contentions should not prevail.
Sometimes the plaintiff, having filed his plaint, may, with the leave of the court, file a statement or the court
may require him to file a written statement. In such cases, the written statement forms part of the plaintiff’s
pleadings. Similarly, there are cases in which the defendant having filed his written statement may, with the
leave of the court, file an additional written statement or the Court may require him to do so. In such cases
the additional written statement also forms part of the defendant’s pleadings. This is the first stage of a suit.
Code of Civil Procedure (CPC) in order 6, Rule 1 defines pleadings as a written statement or a plaint. The
plaintiff’s written statement and the defendant’s additional written statement are termed supplemental
pleadings.
Objective of pleading
The whole objective behind pleading is to narrow down on the issues and provide a clear picture of the case
thereby enhancing and expediting the court proceedings. The pleadings help both the parties know their
point of dispute and where both parties differ so as to bring forth the relevant arguments and evidence in the
court of law.
The Supreme Court on 25th March, 1972 while disposing a case praying for certain amendments in an
election petition, observed that rules of pleadings are intended towards giving justice and to act as aids for
fair trial.
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I. PLAINT
What is plaint:
A plaint is a legal document that contains the written statement of the plaintiff’s claim. A plaint is the first
step toward the initiation of a suit. It can be said to be a statement of claim, a document, by the presentation
of which the suit is instituted. However, the expression “plaint” has not been defined in the code. It is a
pleading of the plaintiff.
IN THE COURT OF CIVIL JUDGE, INDORE
Suit no…. of 2024
In the matter of
Mr. Ramesh Kumar Sharma, 30 yrs., S/O Bhupesh Sharma, a businessmen
R/o: Stuti apartment, scheme no. 74, Vijay Nagar, Indore, 452010 …….… Plaintiff
Versus
Mr. Anil Verma, 29 yrs., S/o Raghav Kumar Verma, An IT Professional
R/o: C, 15, House no. 25, near-by old building of Drishti IAS, Mukherjee Nagar
New Delhi, 110009 .………... Defendant
Suit for a recovery of rent, and Eviction of property under Order VII Rule 1
The plaintiff respectively states as follows:
1. The Plaintiff, Mr. Ramesh Kumar Sharma a, S/o Mr. Bhupesh Sharma, age 30 yrs., is a businessman,
residing at Stuti apartment, scheme no. 74, Vijay Nagar, Indore, 452010.
2. The defendant is Mr. Manmohan Sing, S/o Joginder Singh, is an IT professional working in the TCS
Pvt. Ltd. Company, residing at 3rd floor of Mangalam apartment in Bhawarkua, Indore, 452010
3. The Defendant contacted the Plaintiff regarding the rental property located at the 3rd floor, 3 BHK
flat, Shri Mangalam Apartment, Bhawarkua, Indore, on or about 12/03/2021.
4. The Plaintiff agreed to rent out his property to the Defendant and formalized this arrangement
through a written rental agreement.
5. In April 2021, the Defendant entered into a rental agreement with his family for an 11-month term.
6. The Defendant agreed to all the terms and conditions, including payment of ₹2,00,000/- in advance
by the 5th of every month.
7. The Defendant renewed the first rental agreement upon expiration, followed by renewing the second
and third agreements respectively, upon each expiration as directed by the plaintiff.
8. Upon expiration of the fourth agreement, the Plaintiff directed the Defendant to renew the
agreement; however, the Defendant chose not to renew it and continued to reside in the property for
the following two months, during which he paid the rent on time.
9. However, the Defendant did not pay rent for the next four months and refused to vacate the suit
property.
10. The Plaintiff served a notice to the Defendant requiring him to vacate the suit property within 10
days and to clear all outstanding dues.
11. However, the Defendant neither responded to the notice nor agreed to vacate or pay the rent owed for
the property.
12. The Plaintiff visited the Defendant’s flat (suit property) to recover the outstanding rent or to request
the Defendant vacate the premises. The Defendant, however, responded arrogantly to Mr. Sharma,
prompting him to file a suit for eviction, arrears of rent, damages, and compensation.
13. The Defendant has willfully defaulted on rent payment and continues to occupy the property
unlawfully, which demonstrates malafide (bad-faith) intent.
14. This Hon’ble Court has jurisdiction over this petition as the suit property is located in
Bhawarkua, Indore, within the jurisdiction of this Court.
15. This pleading falls within the limitation period prescribed by the Limitation Act, 1963