DRAFTING, PLEADING AND CONVEYANCING
INDEX
I. General principles of Drafting, pleading and conveyancing
1) Pleading-
Meaning - formal statement of the cause of action or defence eg.
Definition - not defined
Object
Importance
Rules of pleading (explain 4 rules with exceptions) - 1.facts, not law 2.only material facts 3. only facts not evidence
material facts - main and important facts on which the parties relies for his claim or defence .
2) Drafting
Meaning - preliminary or initial stage document for purpose of discussion and correction
Distinction between Pleading and drafting
3) Conveyancing
Meaning - an instrument or deed through which a living person transfer property in present or future to one or more living persons.
Definition
Advantages
Distinction between conveyancing and drafting
4)Deed
Meaning
Definition
Essentials of deed(explain)
Types of deeds
II. Exercise of Drafting
Plaint - is pleading of the plaintiff. Order VII and rule 1 CPC 1908 essentials-
1 -the heading and title
2- body of the plaint,
3- relief claimed
4-signature and verification
Written statement - pleading of the Defedent . Order VIII and rule 1 CPC 1908 ,reply to the plaint. Defedent deals with every material facts alleged by the plaintiff in the plaint
admission or denials - admit or deny all the material facts serially
essentials - heading and title
,body of written statement,
signature and verification
Affidavit -statement or declaration in writing mode on oath or affirmation .
ammendment -
at the instance of court itself,
at the instance of the opposite party ,
one's own pleading with the leave of court
complusory ammendment
voluntary amendment
Caveat
Execution petition
Appeal (civil
Revision civil
Application under motor vehicle act
Divorce petition
Adjournment application
PIL petition
Complaint
Appeal (criminal) Revision ( criminal)
Criminal Miscellaneous petition Maintenance u/s 144 of BNSS
Bail application
III. Exercise on conveyancing (deeds)
Agreement to sale
Sale deed
Mortgage deed
Lease deed
Gift deed
Power of attorney
Promissory note
Will and codicil
Trust deed
Partnership deed
Guarantee deed
Leave and license deed
Adoption deed
Partition deed
Deed of Declaration
Note-
While taking the court name in draft,it should be taken as Kolhapur court
A new point should be opened on a new page.
Mentioning the page number properly
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