Pleading
and Drafting
Twenty-six chapter notes covering the principles and practice of legal pleading and drafting — the cardinal rules of pleading, the structure of a plaint, written statement, replication, civil applications, criminal applications, agreements, deeds, notices, and the format-and-content requirements that distinguish competent from defective drafting. Rule first, structure second, model second-half.
Pleading and drafting — the working tools of the practising lawyer.
Pleading and drafting is the most practical subject in legal education. Pleading governs the statement of facts and reliefs in suits and applications; drafting governs the preparation of agreements, deeds, notices, and other legal instruments. The cardinal rules of pleading are codified in Order VI of CPC — plead facts, not law, plead material facts only, plead facts with particularity, do not plead evidence. The drafting requirements for specific instruments are scattered across the Registration Act, the Indian Stamp Act, the Transfer of Property Act, and the Indian Contract Act.
These notes anchor every chapter to a rule, a model format, or a cardinal principle. The most-tested topics are the Order VI rules of pleading, the structure of a plaint and a written statement, the framing of issues, the drafting of a sale deed, lease deed, gift deed, will, agreement, notice under Section 80 CPC, notice under Section 138 NIA, bail application, and writ petition.
Each chapter is designed to be read in twelve to fifteen minutes and to leave the reader with the cardinal rule, the structure of the document, the statutory section (Order VI, Order VII, Order VIII for pleadings; Registration Act and Stamp Act for instruments), the model clauses, and the common drafting errors that vitiate the document.
How to read these notes
Start with the rule.
Every chapter on pleading opens with the relevant Order VI, Order VII, or Order VIII rule. Every chapter on drafting opens with the relevant TPA, Registration Act, or Stamp Act provision. Read the rule first, then the structure, then the model clauses.
Walk the structure of the document.
Every drafted document follows a fixed structure. A plaint has the cause title, parties, jurisdiction, cause of action, limitation, court fee, prayer, verification, and signature. A sale deed has the parties, recitals, consideration, operative words, schedule of property, covenants, indemnity, and execution. Walking the structure is the way to spot what is missing.
Test on the leading case.
If you can restate the holding of Udhav Singh v. Madhav Rao Scindia, Throp v. Holdsworth, or Ram Sarup Gupta v. Bishun Narain Inter College in two sentences, you understand the chapter. If not, return to the statutory section and rebuild from there.
All 26 chapters, in 6 groups
Sequenced through the natural structure of the subject — every chapter sits in a doctrinal cluster.Foundations — Cardinal Rules of Pleading
Order VI — plead facts, not law
The cardinal rules of pleading under Order VI CPC — plead facts and not law (Rule 2), plead material facts and not evidence, plead with particularity, plead consistently. The mandatory requirement of verification under Rule 15. The amendment of pleadings under Rule 17 with the post-2002 limitation. The signing and dating requirements. The consequences of pleading conclusions of law.
Introduction — Pleadings as Foundation of Civil Litigation
PLD · 02Fundamental Rules of Pleading — Material Facts, Not Evidence
PLD · 03Drafting of Plaint — Structure, Verification, Annexures
PLD · 04Drafting of Written Statement — Specific Denial, Set-off, Counterclaim
PLD · 05Drafting of Replication / Rejoinder
Drafting Civil Pleadings
Plaint, written statement, replication, issues
The structure of a plaint under Order VII — cause title, parties, jurisdiction, cause of action, limitation, valuation, court fee, prayer, verification. The structure of a written statement under Order VIII — specific traverse, set-off, counter-claim, additional pleas. The replication and the rejoinder. The framing of issues under Order XIV.
Drafting Civil Applications & Petitions
Interim, execution, miscellaneous
The drafting of civil applications — interim injunction under Order XXXIX, attachment before judgment under Order XXXVIII, appointment of receiver under Order XL. The execution applications under Order XXI. The miscellaneous applications. The drafting of writ petitions under Article 226 — the structure including the prayer, the affidavit verifying the facts, and the grounds.
Drafting Criminal Pleadings & Applications
Bail + complaint + revision
The drafting of bail applications — anticipatory bail under Section 438 CrPC, regular bail under Section 437 or 439, default bail under Section 167. The complaint under Section 200 CrPC including the verification of the complainant. The revision under Section 397, the application under Section 482 invoking the inherent powers of the High Court, and the petition for transfer of criminal cases.
Drafting Deeds & Agreements
Sale, lease, gift, will, partnership
The drafting of common deeds and agreements — sale deed of immovable property with TPA Section 54 and Registration Act Section 17 compliance, lease deed with the Section 105 TPA framework, gift deed with the Section 122 TPA framework and the attestation requirement, will with the Section 63 ISA execution requirements, partnership deed under the Indian Partnership Act, agreement to sell, mortgage deed.
Drafting of PIL — Format, Locus Standi
PLD · 19Drafting of Criminal Complaint Under Section 200 CrPC / Section 223 BNSS
PLD · 20Drafting of Notice — Section 80 CPC, Statutory Notices Under Various Acts
PLD · 21Drafting of Reply to Legal Notice
PLD · 22Conveyancing — Drafting of Sale Deed, Lease Deed, Gift Deed, Mortgage Deed
Drafting Notices & Wrap-Up
Section 80 CPC + Section 138 NIA + reference
The drafting of pre-litigation notices — Section 80 CPC notice to Government, Section 138 NIA demand notice on dishonour of cheque, Section 106 TPA notice to quit, Section 21 of the Specific Relief Act notice. The Section 12A Commercial Courts Act mediation notice. The common drafting errors and the Order VII Rule 11 plaint-rejection grounds. The landmark Supreme Court decisions on pleadings and drafting.