2 mark :

1. Define Clarity, concise and precise

Legal drafting demands precision and clarity. Use clear
and unambiguous language to convey the intended
meaning. Avoid vague terms or jargon that may confuse
or misinterpret the document’s provisions. Each clause
should be concise and focused, leaving no room for
interpretation.
2. Definition of Drafting
 3. Parties of Suits
1. All persons who have a direct interest in the subject matter of the suit should be made
parties, either as plaintiffs or defendants.

2. No person who has no interest in the subject matter of the suit should be made a party,
either as a plaintiff or defendant.

A person can become a party to a suit only by his name appearing on

the record oh the suit as a party such as plaintiff and defendant.

4. Fundamental rules of pleading :

Fundamental Rules of Pleadings
1) That a pleading shall contain, only a statement of facts,
and not Law;
2) That a pleading shall contain all material facts and
material facts only.
3) That a pleading shall state only the facts on which the
party pleading relies and not the evidence by which they
are to be proved,
4) That a pleading shall state such material facts
concisely, but with precision and certainty.
 4. Duties of Plaintiff and defendants
There are two main parties involved in a case, the
plaintiff and the defendant. The plaintiff is the person or
people who bring a case against the other party in a
court of law. In a personal injury case, the plaintiff would
generally be the injured victim. When a plaintiff files a
lawsuit against someone, the burden of proof falls on
them.

It Is their job to prove to the judge and court that the

defendant was negligent or at-fault. If they come to a
decision to bring a lawsuit against another person, they
must come prepared with evidence that the defendant
committed the tort they are accusing them of.

The defendant is the other side being sued or accused in

a court of law. Typically in a personal injury case, the
defendant would be the negligent entity. A defendant
might also be an individual or a company. The plaintiff
first files a lawsuit so he or she is responsible for drafting
a complaint. The complaint is the first document filed in
court for a personal injury case. Then the complaint is
served on the defendant and he or she will need to file
an answer.

Sometimes the document requires you to appear in

court. However, most personal injury cases do not go to
trial. The first thing the defendant must do is to reply to
this document within the required amount of time. If
they don’t respond within the required time period, the
plaintiff has the right to file for a judgment against you.
Basically, you can lose the case by default if you don’t
respond.

6. Amendment of pleading
Order 6 Rule 17 CPC allows for the amendment of pleadings. This
provision grants the court the power to allow parties to modify or alter
their pleadings, including the plaint or written statement, at any stage
of the proceedings.

15ark :
1. Quality of good Drafting and Writing
FIVE QUALITIES OF GOOD WRITING

An essay should have a single clear central idea. Each paragraph should have a clear main
FOCUS
topic sentence.

Each paragraph should support or expand the central idea of the paper. The idea of each p
DEVELOPMENT
should be explained and illustrated through examples, details, and descriptions.

Every paragraph in an essay should be related to the main idea. Each paragraph should stic
UNITY
main point.

An essay or paper should be organized logically, flow smoothly, and "stick" together. In oth
COHERENCE
everything in the writing should make sense to a reader.

A paper should be written in generally correct standard English, with complete sentences, a
CORRECTNESS
relatively error-free.

2. General principles of Drafting

Drafting is essential in various fields, such as law, technical writing, and general document
preparation. It involves the creation of a preliminary version or outline of a document before its
finalisation. The process of drafting is governed by several principles that ensure the effectiveness
and clarity of the final document. This section will explore the general principles of drafting and
their importance in creating well-structured and coherent documents.

The general principles of drafting are:

Formation of Outline in a Satisfactory Manner
Elaboration and Addressing of Important Issues
5. Detailed Content: The draft should delve into the subject matter and
cover all relevant aspects. It should thoroughly analyse the topic, leaving
no significant points unaddressed.

6. Avoidance of Vagueness: Ambiguity and vagueness hinder effective

communication. Therefore, the draft should strive to be clear and concise,
avoiding vague language or unclear statements.

7. Consideration of Relevancy: The draft should focus on the essential

aspects of the subject matter, ensuring that all relevant points are included
while omitting irrelevant or extraneous information.

8. Content Unity: The draft should maintain a cohesive flow of ideas,

ensuring that all paragraphs and sections contribute to the central theme
or purpose of the document.

9. Chronological Order: The facts, arguments, or information presented in

the draft should be arranged in a logical and chronological sequence,
enabling a coherent understanding of the topic.
One Major Point Per Paragraph
Paragraph Structure: Each paragraph in the draft should have a clear and distinct focus,
addressing one major point or idea. This approach enhances readability and facilitates
comprehension for the readers.

Emphasis on the Arrangement of Facts

3. Organised Presentation: The facts, arguments, or information within the
draft should be arranged in a step-by-step manner, reflecting a structured
and systematic analysis of the problem at hand.

4. Uniformity and Consistency: There should be consistency in the

presentation of ideas throughout the draft. This ensures a smooth flow of
information and aids in the understanding of complex concepts or
arguments.
Style and Language
3. Effective Idea Transmission: The style of writing in the draft should
facilitate the conveyance of ideas. It should be clear, concise, and easy to
comprehend, effectively communicating the intended message.

10. Appropriate Use of Legal Terms: In legal drafting, it is crucial to use

appropriate legal terminology to convey facts accurately and precisely. The
use of the correct legal terms enhances the professionalism and clarity of
the document.

11. Simple and Faultless Language: The language used in the draft should be
simple, avoiding unnecessary complexity or jargon. It should also be free
from grammatical errors, incorrect spelling, illogical paragraphing, and
poor punctuation, as these can diminish the value and credibility of the
document.

12. Avoidance of Repetitions: Redundancy should be avoided to maintain

the clarity and conciseness of the draft.
Physical Characteristics
5. Paper Quality and Margins: The draft should be typed on standard
quality paper, typically measuring 20 by 30 cm. Margins of 4 cm. at the top
and left side and 2.5 to 4 cm. on the right side and bottom should be
maintained to ensure a neat and professional appearance.

6. Page Numbering: Each page of the draft should be numbered, allowing

for easy reference and navigation.

7. Differentiation of Preliminaries and Main Text: Preliminary sections,

such as the table of contents or acknowledgements, should be numbered
using Roman numerals (i, ii, iii), while the main text should be numbered
using Arabic numerals (1, 2, 3, etc.).

8. Formatting of Paragraphs: The document’s body should be double-

spaced, ensuring sufficient spacing between lines for improved readability.
Additionally, 5 spaces should indent each paragraph, and paragraph
numbering can be used for better organisation and referencing.
 9. Document Binding: To maintain the integrity and organisation of the
draft, all sheets should be securely bound together.
Choice of Words in Drafting
Indeed, the draftsman should be mindful that the choice of words in a draft significantly impacts
its quality. Here are some key points to consider when selecting words for a legal draft:

Consistent Meaning: Words should be used consistently throughout the draft, ensuring that
they convey the same sense and meaning. Avoid using different terms or synonyms
interchangeably, as it may lead to confusion or ambiguity.

Active Voice: Whenever possible, prefer using the active voice over the passive voice. The active
voice provides clarity and directness in conveying the subject and action of the sentence. However,
if the passive voice enhances the clarity or emphasises a particular aspect, it may be used
appropriately.

Avoid Starting Paragraphs with ‘That’: In modern usage, it is generally recommended to avoid
starting paragraphs with the word ‘that.’ Instead, opt for alternative sentence structures to
maintain variety and flow in the draft.

One Thing at a Time: To ensure clarity and coherence, focus on addressing one point or topic at
a time in each paragraph or section of the draft. This approach helps readers to follow the logical
progression of ideas and reduces the likelihood of confusion or misinterpretation.

3. Define pleading

Definition of Pleading
Pleading is the foundation of litigation. Pleading has been dealt with
in Order 6 of the Civil Procedure Code. Order 6 Rule 1 of CPC defines
pleadings as plaint or written statement.
The word ‘plaint’ is undefined in the code. However, it can be said to be
the statement of claim – a document that contains the material fact by the
presentation of which a suit is instituted in the court of law.

The word ‘written statement’ has also not been defined in the code. In
‘Food Corporation of India vs Yadav engineer and contractor‘, it has been
defined as a term of specific connotation ordinarily signifying a reply to
the plaint filed by the plaintiff.

According to Cornell Law School, The pleading is the beginning stage of

the lawsuit in which parties formally submit their claims and defences.

10. Definition of Pleading

11. Objects of Pleading

12. Importance of Pleading

13. Basic rules of Pleading

14. Other rules of Pleading

Objects of Pleading
Here are four objectives of pleading:

4. Pleadings ascertain the actual issues between the parties.

5. Pleadings state the issues to avoid surprise to the other party.

 6. Pleadings narrow down the area of conflict.

7. Pleadings state the facts which need to be proved at the trial.

In ‘Virendra Kashinath vs Vinayak N. Joshi‘, the Supreme Court stated, “the

object of the rule is twofold: First is to afford the other side intimidation
regarding the particular facts of his case so that they may be met by the
other side. Second is to enable the court to determine what is really the
issue between the parties.”

Importance of Pleading
The fate of the suit lies on the pleading as;

16 Pleading determines the burden of proof.

17 It aids the court in the final decision of the case.

18 Pleading enables the court to decide the right of the parties in the
trial.

19 Pleading enables the opposite party to know the case.

Basic rules of Pleading

Basic rules of pleadings are given in Order 6 Rule 2 of the Civil Procedure
Code, 1908. They are as follows:

1. Pleading should state the facts.

2. The fact should be material facts.

 3. Pleading should not state the evidence.

4. The facts stated in the pleading should be in a concise form.

Let us learn more about these four points in detail.

1. Pleading should state the facts.

The first rule of pleading states that the pleading should state the facts
and only facts and not the law. Question of fact must be pleaded, i.e. the
existence of any custom or usage, intention, waiver or negligence must be
pleaded.

2. The fact should be material facts.

The second rule of pleading is that the facts stated should be material
facts only and not the particulars. Material facts are the basic facts.

In ‘Virendra Nath vs Satpal Singh‘, the Supreme Court stated, “the phrase
‘material’ fact may be said to be those facts upon which a party relies for
his claim or defence. In other words, ‘material facts’ are facts upon which
the plaintiff’s cause of action or the defendant’s defence defends.”
Whether a fact is a material fact or not differs from case to case and
depends on the circumstances of the case.

3. Pleading should not state the evidence

The third rule of pleading is that the pleading should not state the
evidence with which the material facts are to be proved. Facts are of two
types:
(i) Facta probanda: the facts which need to be proved.
(ii) Facta probantia: the fact through which material facts are proved.
Facta probanda should be pleaded in the pleadings and not the facta
probantia.

4. The facts stated in the pleading should be in a concise

form.

The last fundamental rule of pleading is that the pleading should be in a

concise form. Unnecessary and irrelevant details should not be added to
the pleading. Instead, pleading should be precise, clear and specific.

Other rules of Pleading

Other rules of pleadings have been given under Rule 4 to 18 of Order 6 of
CPC:

1. Every pleading must be signed by the party or his pleader – Rule 14

2. Particulars with date should be stated, wherever misrepresentation,

fraud, breach of trust, wilful default or undue influence is pleaded
in the pleading – Rule 4

3. The effect of the document shall be stated briefly where the

contents of any document are material – Rule 9
10 Mark :
1. Stages of plaint
2. Hierarchy Of court and pecuniary Jurisdiction