DRAFTING PLEADINGAND CONVEYANCING Text Book R N Chaturvedi
DRAFTING, PLEADINGAND CONVEYANCING
• Text Book Ø R. N. Chaturvedi, Conveyancing, Eastern Book Company • Reference Books Ø G. C. Mogha & S. N. Dhingra, Mogha’s Law of Pleading in India with Precedents, Eastern Law House Ø N. S. Bindra, Conveyancing, Draftsman and Interpretation of Dates, Eastern Book Company
INTRODUCTION AND FUNDAMENTAL RULES OF PLEADINGS UNIT 1 TOPIC 1. 1
• DRAFTING: To write down something on paper or parchment. • PLEADING: Statement of facts in writing drawn up and filed in a Court by each party to a case stating what his contentions shall be at the trial. • CONVEYANCING: An instrument or deed through which one or more living persons transfer his or their interest upon immovable property to one or more living persons.
PLEADINGS Meaning of Pleadings: ORDER 6 of CPC deals with Pleadings. Rule 1 of the Order states that “Pleadings means Plaint and Written Statement. ” Object of Pleadings: To give a fair notice to other party of what the opponent’s case is. Parties come to know before hand what points the opposite party will raise at the trial, and thus they are a prepared to meet them and are not taken by surprise.
FUNDAMENTAL RULES OF PLEADINGS 1. Facts and Not Law: Order VI rule 2 of CPC “Pleading shall contain and contain only a statement of facts and not law. ” 2. Material Facts only: Pleadings to contain the Facts which have a direct and immediate bearing on the case. 3. Facts not Evidence: The third fundamental rule of pleadings is that only facts must be stated and not the evidence. 4. Concise and Precise: Facts should be stated in the in a concise form but with precision and certainty. Pleadings shall be divided into paragraphs, numbered consecutively and should be brief and to the point.
HIERARCHY OF COURTS (CIVIL) • Supreme Court • High Court • District Court Ø District Judge Ø Additional District Judge Ø Assistant District Judge • Lower Courts Ø Civil Judge (Senior Division) Ø Civil Judge (Junior Division)
HIERARCHY OF COURTS (CRIMINAL) • Supreme Court • High Court • District Court Ø Sessions Judge Ø Additional Sessions Judge Ø Assistant Sessions Judge • Lower Courts Ø Chief Judicial Magistrate Ø Judicial Magistrate First Class (JMIC) Ø Judicial Magistrate Second Class
• Jurisdiction of Civil Courts as per CPC Ø Pecuniary and Territorial Jurisdiction (Section 16 -20 CPC) • Parties to Suit -Joinder of Plaintiffs -Joinder of Defendants
Amendment of Pleadings • Order VI Rule 17 of the Code of Civil Procedure, 1908 : Ø The Court may allow the amendment of Pleadings at any stage of the proceedings and for such purpose it may impose conditions i. e. in the form of cost or any other condition. Ø The Court shall make only such amendments which are necessary for determination of real controversy between the parties to the suit. Ø The Proviso to Order VI Rule 17 puts a mandate upon the Court not to allow such amendment after the trial has begun if it finds that the party could have raised the pleadings by due diligence at an earlier point of time.
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