DRAFTING RULES & SKILLS
Drafting in its general connotation means, putting one’s own ideas in writing. Drafting of any
matter is an art. Drafting of legal matters requires greater skills and efficiencies. It requires
thorough knowledge of law, procedure, settled judicial principles, besides proficiency in English
Language. A perfect drafting of matters in relation to Suits, Applications, Complaints, Writ
petition, Appeals, Revision, Reviews and other such matters connected therewith shall obviously
leads to good result in terms of money, time, energies and expectation of not only the learned
members of the Bench, but also the Bar as well as the parties to the litigation. It creates a
congenial atmosphere where the glory of the judiciary and the Law grows to sky-heights. So in
the case with regard to the drafting of Deed of Conveyancing.
“Drafting, Pleadings and Conveyancing” (DPC) is made as a compulsory practical subject study
forming part of the curriculum of the Law Course in India. It envisages, inter alia, drafting of
Civil Pleadings; Criminal complaints and other proceeding; Writ Petition, AppealCivil, Criminal
and Writ; Revisions-Civil and Criminal, Reviews, Writ Appeals-Civil and Criminal, and also
Special Leave Petition; Contempt Petition, Interlocutory Applications, etc. A student who
acquires the requisite knowledge, perfection and proficiency in drafting of these matters, shall
undoubtedly become a perfect legal professional. He will be an asset in the legal world.
History of Pleadings
The method of arriving at an issue by alternate allegations has been practised in the civilized
countries from earliest times. The art of pleadings apparently is as ancient as any portion of our
procedural law. In ancient India it certainly existed but not in the present form. The art of
pleading is also traceable in substantially the same in form in England in the days of Henry II.
The “issue” is found in the year, i.e., in the first year of the reign of Edward II. It shows that the
art of arriving at an issue was not only practised during the reign of Edward II but had been
practised even before “for an issue had not been only the constant effect, but the professed aim
and the object of pleading”. At first the pleading were oral. The parties actually appeared in
person in open Court and oral altercation took place in the presence of the judges. These oral
pleading were conducted either by the party himself or by a person who was an eloquent orator
and well versed in Dharma Sastras and Koran whom people generally called Pandit and Maulvi
in ancient and medieval India respectively. In English countries such person was called narrator
and advocates before the adoption of this present lawyers‟ institution. The Pandits, Maulvis and
narrators helped Kings and Judges in the administration of justice in those days.
The duty of the King and the judge was to superindent of „moderate‟ the oral contentions
conducted before him. His aim was to arrive at some specific point or matter affirmed on the one
side, and denied on the other, which they both agreed was the question requiring decision; on
resulting this the parties were said to be „at issue‟ and the pleading were over. The parties, then,
were ready to go before a jury if it were an issue of England. In those days the judges were very
strict and they never allowed more than one issue in respect of each cause of action. 2 When a
defendant more than one defence to the plaintiff‟s claim he had to elect one out of the defences.
Since the reign of Queen Victoria the parties were allowed to raise more than a single issue,
either of law or fact.
During Viva voce altercation an officer of the court was busy writing on a parchment roll an
official report of the allegation of the parties along with the act of Court which together was
called record. As the suit proceeded similar entries were made from time to time and on the
completion of the proceedings, the roll was preserved as perpetual judicial record. When each
pleader in turn started borrowing parchment roll and entered his statement thereon himself, the
oral pleading fell into disuse on thus obvious defect. Later, with the development of print
machinery, paper etc. the method of drawing up the pleading on the plain paper and their
interchange between parties started and this happened probably in the reign of Edward IV. The
Judicature Act 1873 in England brought in many reforms in the realms of pleading like which
with frequent changes are still in force. The modern Indian law of pleading like any other law is
based on English system and the whole law civil pleading is governed by the Code of Civil
Procedure which lawyer has to master over for the thorough knowledge of practice and
procedure required in a civil litigation.
Meaning of Pleadings
Pleadings are the statement of facts in writing drawn up and filed in a Court by each party to am
case stating therein what his contention shall be at the trial and giving all such details as his
opponent will need to know in order to prepare his case in answer. In India there are only two
pleading in a suit as defined under Order 6, rule 1 of the Code of Civil Procedure, it says that
pleading means “Plaint or Written Statement”. This definition is not very clear in itself. The
plaint and written statement are defined in the following clauses:
(a)Plaint:
A statement of claims, called the “plaint” in which the plaintiff sets out his cause of action with
all necessary particulars; and
(b)Written Statement:
A statement of defences, called the “written statement” which the defendant deals with every
material fact alleged by the Plaintiff in the plaint and also sets any new facts which tells in his
favour, adding such objection as he wishes to take to the claim. Beside the plaint and the written
statement, order pleading that may be filed, may be classed under two heads: (i) subsequent
pleadings, and (ii) additional pleadings.
(i)Subsequent Pleadings: The only subsequent pleading which is filed as a matter of right,
without the leave of the court, is a written statement of a plaintiff by way of defence to a plea set-
off set up by a defendant in the written statement of his defences. No other pleading subsequent
to the written statement of a defendant other than that by way of defence to a plea of set off can
be presented except with the leave of the court and upon such terms as the court may think
proper. But the Court may at any time require a written statement or an additional written
statement from any of 3 the parties and fix a time for presenting the same (O.8, r.9). Any ground
of defence which has arisen after the institution of the suit or the presentation of the written
statement, may be, raised by the plaintiff or the defendant as the case may be, in his written
statement (O.8, r.9). This is also a subsequent pleading. The subsequent pleading, i.e., this
written statement in some states is also termed as “replication”. This term was formerly used in
England where plaintiff‟s written statement is now called “reply”.
(ii)Additional Pleading:
Although no pleading subsequent to the written statement of a defendant other than by way of
defence to a plea of set-off can be presented without the leave of the court, yet the court may at
any time require a written statement or additional written statement from any of the parties, i.e.,
plaintiff or defendant or both (O.8, r.8). The additional pleadings are not subsequent pleadings in
the true sense of the term. They are pleading by way of further and better statement of the nature
of the claim or defence or further and better particular of any matter or state in the pleadings.
These pleading may be ordered under order 6, rule 5 of the Code of Civil Procedure. Under the
English Law, pleading has been defined as follows: “pleading includes any petition or summons
and also include the statement in writing of the claim or demand of any plaintiff and of the
defence of any defendant thereto and of reply of the plaintiff to nay counter-claim of a
defendant.”