Fundamental Rules of Legal Drafting Course for Law Students. No doubt, drafting pleading & conveyancing is a subject in our law course but in actual to learn the means of legal drafting it takes a good amount of time.

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This post is excerpt from Online Legal Drafting
Course for Law Students Freshers Legal Interns
discussing Fundamental Rules Of Legal Drafting.
No doubt, drafting pleading & conveyancing is a
subject in our law course but in actual to learn the
means of legal drafting it takes a good amount of
time..

3. Section- 26 of CPC tells that every suit be instituted by the
presentation of a plaint or in such manner may be prescribed.
O-4, R1 of CPC suit shall be instituted by presentation of a
plaint to the court or such officer as it appoints in this behalf.
Written statement -> Statement of defence in writing and filed by defendant in whom
he deals with every material facts alleged by the plaintiff in the plaint and
also states any new facts which may be in his favour adding such legal
objections as he wishes to take to the claim.
Additional documents filed later can become the part of pleadings known as supplemental
pleadings.
The objectives of pleadings are to determine issues of dispute, diminish expense
and delay, regarding the amount of testimony required on either side of the
hearing.
Now let’s have the
fundamental rules of pleading:-
A) Only Facts not law-> Do not state
law to a judge. He knows it already and that’s why he is there.
Thus, your pleadings should be confine to fact only.
Exception to this rule is also there
1) Foreign laws-> you have to state it.
2) Mixed laws & facts conclusions-> for sake of clarity &
convenience it can be stated.
3) Presumptions-> O-6, R13 CPC
states not be plead such facts where the onus of proof lies on other side
unless specifically denied.
4) Customs or usages of trade-> which hasn’t got the force of law
need to be pleaded.
B) Material facts to be stated-> O-6, R2 of CPC only material
facts to be stated or else you will not be able to make out which pleading is
relevant. Depending on your case you should state it, how your prayers or
relief are justified based on facts.

4. Exceptions
1) Condition precedent-> if a law
mandates something then it must be complied. For e.g.- sec-80 CPC for suing
government.
2) Presumptions-> ‘shall
presume’-> do not state
‘may presume’-> state it to court in pleading
3) Matters of Inducements-> facts
which state subsequent events can also be stated in petition.
4) Mention facts not evidence-> one
should state facts only not evidence on which party relies.
a) Factum probanda-> facts required
to be proved (material facts)
b) Factum probantia-> facts by means
of which they are to be proved (particulars or evidence).
Pleading should contain only factum probanda and not factum probantia.
c) Be concise, precise & certain-> state each item in your pleading precisely, concisely
and with greater degree of certainty. If more than one item, then state it separately
with all particulars.
Further goal should be to attain brevity and precision
For brevity For precision
1) Omit all unnecessary facts. 1) Names should be correct.
2) Omit all unnecessary details when 2) pronouns He/ She/ they be
Alleging material facts. avoided.
3) Proper attention to language 3) do not refer
alleging material facts plaintiff defendant by names.
4) refer them by same name throughout
Rest practice makes the man/ woman perfect.
So come and avail the Legal Pleading and Drafting Course today to learn the nuances
of drafting of courts.
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