DRAFTING, PLEADING AND CONVEYANCING

Course Teacher: Nikita Barooah

Semester August- December

Course Code 7.3

Course Credit 5

Maximum Marks 100

Teaching Hours Required 80

Medium of Instruction English

90 Hours and 5 Credit Course Regular

Objective of the Course

Drafting, Pleading and Conveyancing form an integral part of the legal profession. An adequate
legal document is one that covers the specific points upon which the parties to it should agree in order
to avoid litigation and unnecessary delays in its execution. The preparation of a well-organized, aptly
phrased and easily understandable legal document requires, a knowledge of the techniques that may
be used to set forth specific provisions of a document in the proper manner. Only persons familiar
with the applicable law and pertinent business practices will know what specific points should be
covered in a particular document.
The drafting of pleadings is an art which demands a high degree of professional skill and
knowledge. Pleadings are essentially statements in writing which are filed by each party to the case,
stating his/her contentions at the trial, giving all the details required to prepare their case. It is also
meant for the assistance of the Court, by defining with precision the area beyond which, without leave
of the Court and consequential amendment of the pleadings, the conflict must not be allowed to
extend. Pleadings are made in both civil and criminal cases. Basically, what a person pleads is what
the person is expected to get from the Court. A well-drafted pleading lays the foundation of the
judgment which is finally passed by the Court.
 Drafting is the crystallization and expression in a definite form of legal right privileges, duty or
status in a language form. Drafting, in the legal sense can be defined as an act of preparing the legal
documents like agreements, deeds etc. A proper understanding of drafting cannot be realised unless
the nexus between the law, the facts and the language is fully understood. The art of legal drafting
means composing or writing all documents which are either expressly intended to be, or which
frequently become the subject of legal interpretation. Although the main emphasis in the course is
on learning how to draft legal documents, the students must know the applicable law, prevailing
customs and business practices. Legal drafting enables the students to consider the substantive law
from new points of view and to realize the interrelationship of the various fields of law.
Conveyancing is an act of transferring any property whether movable or immovable from one
person to another permitted by customs, conventions and law within the legal structure of the country.
Drafting of deeds and documents based on contractual relationship of parties and yet circumscribed
by legal and statutory provisions is both a science and an art.

The objectives of the course in a more concise form are as follows

• To acquire knowledge of drafting, pleading and conveyancing techniques.

• To understand the basic principles of pleadings.
• To acquaint them with certain legal documents.
• To learn to draft documents and legal instruments that are adequate, well organised and
structured to fit the specific needs of the parties.
• To draft legal documents that are written in apt language, that are easily understood by the
persons who are expected to sign them and to carry out their provisions
• To equip them with legal drafting abilities and the legal framework pertaining to various
Courts and Tribunals
• To introduce students to the basic concepts and procedures of conveyancing

Teaching Methodology

The teaching methodology shall be participatory, which aims at involving the students in class
discussions on legal principles and precedents. They shall be taught pleading, drafting and
conveyancing in separate modules within the semester. For the students to gain a better under-
standing of the subject discussions of the applicable law as contained in various legislations and
precedents, along with selected legal documents will be referred to and discussed during the teaching
of this course. The area of discussion and the topics for assignments shall be informed in advance to
the students. The list of authorities is not exhaustive and they are encouraged to research
independently and avail other sources for enhancing the quality of work.

Case Law Reporter/Journals

Supreme Court Cases (SCC), All India Reporter (AIR), Supreme Court Reports(SCR), Supreme
Court Cases (Civil), Criminal Law Journal (CrLJ),

Course Text Books

S.N. Dhingra & G.C. Mogha, Mogha’s Law of Pleadings in India (2013); C.K. Takwani, Civil
Procedure with Limitation Act,1963 (2017); K.N. Chandrasekharan Pillai, R.V.Kelkar's Criminal
Procedure,(2018) B.P. Banerjee, Writ Remedies-Remedial Rights under Public Law (Including
High Court Rules and Guidelines for drafting Writ Petitions) (2015); CR Datta, MN Das,
DeSouza’s Forms and Precedents of Conveyancing (2004); MC Agarwal, G.C. Mogha, Mogha’s
Indian Conveyancer (2009).

Course Evaluation Method

The Course shall be evaluated for 100 Marks by a Close book examination method. There shall be a
Mid-Semester for 30 Marks and End Semester Exam for 70 Marks. presentation of the same. Apart
from conceptual questions, there shall be practical based questions and the student shall be asked to
draft various types of legal documents and deeds.

Expected Outcomes of the Course

It is expected that the students shall understand the importance of drafting legal documents, thereby
making them skilled in interpreting the provisions and applying them in cases. The syllabus is
comprehensive and much of the intricacies of drafting of pleadings, documents and legal instruments
have been dealt with in this foundational course. The students will gain a better understanding of the
law from studying selected legal documents that are referred to or discussed during the teaching of
this course. It is also expected that the students can enhance their skills for building a career in civil
or criminal litigation.
 COURSE CONTENTS

Module I

Pleadings

Meaning and Importance of Pleadings

Objects of Pleadings

Fundamental Rules of Pleading

Alternative Pleas and Inconsistent Pleas

Amendment of Pleadings

Compulsary & Suggested Readings

§ S.N. Dhingra & G.C. Mogha, Mogha’s Law of Pleadings in India, (Eastern Law House Pvt.
Ltd, Kolkata, 18th edn, 2013)

§ C.K. Takwani, Civil Procedure with Limitation Act,1963, (Eastern Book Company, Lucknow,
8th edn 2017)

§ N.S. Bindra, N.S.Bindra's Pleadings & Practice, (Universal Law Publishing Co.,Delhi 12th edn
2017)

§ R.D. Shrivastav, The Law of Pleadings, Drafting and Conveyancing, (Central Law Agency,
th
Allahabad, 12 edn, 2010)

§ R.N. Chaturvedi, Pleadings, Drafting and Conveyancing, (Central Law Publications,

Allahabad, 5th edn, 2018)

§ Murali Manohar, Conveyancing and Pleading, (Eastern Book Company, Lucknow, 2nd edn
2004)

§ The Right Hon Professor Sir Robin Jacob, Lord Dan Brennan QC, The Hon Justice William
Blair (eds), Bullen and Leake and Jacob's Precedents of Pleadings (Common Law Library)
Sweet & Maxwell, 18th edn 2015)
Statutory References

The Civil Procedure Code,1908

Judicial References

Manphul Singh v. Surinder Singh AIR 1973 SC 2158

Udhav Singh v. Madhava Rao Scindia (1977)1 SCC 511

Firm Sriniwas Ramkumar v. Mahabir Pd AIR 1951 SC 177

Amar Singh v. Union of India (2011) 7 SCC 69

Sopan Sukhdeo Sable v. Asstt. Charity Commr (2004) 3 SCC 137

Ramrameshwari Devi v. Nirmala Devi (2011) 8 SCC 249

Module II

Drafting of Civil Pleadings

Plaint (Order 7 of CPC)

Written Statement (Order 8 of CPC)

Affidavit

Notice under Sec.80 of CPC

Original Petitions (Hindu Marriage Act : Petition for Dissolution of Marriage, Judicial Separation,
Restitution of conjugal rights,)

Interlocutory Applications (Injunctions)

Suits for Specific Performance of Contract

Suits for Malicious prosecution

Memorandum of Appeal

Statutory References

The Civil Procedure Code,1908

Specific Relief Act,1877

Hindu Marriage Act,1955

Compulsary &Suggested Readings

§ C.K. Takwani, Civil Procedure with Limitation Act,1963, Eastern Book Company, Lucknow,
8th edn 2017

§ S.N. Dhingra & G.C. Mogha, Mogha’s Law of Pleadings in India, Eastern Law House Pvt. Ltd,
Kolkata, 18th edn, 2013

§ Murali Manohar, Conveyancing and Pleading, EBC, Lucknow 2nd Edn -2004,

§ R.D. Shrivastav, The Law of Pleadings, Drafting and Conveyancing, (Central Law Agency,
th
Allahabad, 12 edn, 2010)

§ R.N. Chaturvedi, Pleadings, Drafting and Conveyancing, (Central Law Publications,

Allahabad, 5th edn, 2018)

Judicial References

Maria M.S. Fernandes v. Erasmo Jack De (2012) 5 SCC 370

Sequeira

Badat & Co v. East India Trading Co. AIR 1964 SC 538

Union of India v. Pandurang Kashinath More AIR 1962 SC 630

Syed Dastagir v. T.R. Gopalakrishnan Setty 1999 (6) SCC 337

Vinod Kumar v. Surjit Kumar AIR 1987 SC 2179

Afsar Shaikh v. Soleman Bibi (1976) 2 SCC 142

R Tiwary v. B Prasad AIR 2002 SC 136.

G. Nagamma vs. Siromanamma (1996) 2 SCC 25

Standard Chartered Bank v. Andhra Bank (2006) 6 SCC 94

Financial Services

Ganesh Trading Company v. Mouji Ram, (1978) 2 SCC 91

Scotts Engg. Bangalore v. Rajesh P. Surana (2008) 4 SCC 256

Salem Advocates Bar Association , Tamil (2005) 6 SCC 344

Nadu v. Union of India

Alok Shankar Pandey v. Union of India (2011) 8 SCC 161

Indian Council for Enviro- Legal Action v. (2011)8 SCC 161

Union of India

Kailash v. Nauhku (2005) 4 SCC 480

Sheikh Abdul Sattar v. Union of India AIR 1970 SC 479

Narayan Rao v. State of Tripura AIR 1993 Gau 59

Vithan N. Sethi v. Prakash Rudrakar (2003) 1 SCC 18

Udnapur Coop. Handloom Weavers Society v. AIR 2009 All 134

Spl. Addl. Distt. Judge

Union of India v. Pandurang AIR 1962 SC 630

Wali Singh v. Sahan Singh AIR 1954 SC 263

Rao Sahan v. Rang a Nathgopal Rao AIR1971 SC 2548

Kawakekar
Trojan Co.Ltd v. Nagappa AIR 1953 SC 235

Food Corporation of India v. Babulal Agarwal (2004)2 SCC 712

Alka Gupta v. Narendra Kumar Gupta (2010) 10 SCC 141

V.R.Subramaniyam v. B. Thayappa AIR 1966 SC 1034

Ramesh Chand Ardawatia v. Anil Panjwani (2003)7 SCC 350

Gurbachan Singh v. Bhag Singh (1996) 1 SCC 770

Gangabai v. Vijaykumar AIR 1974 SC 1126

Garikapati v. Subhash AIR 1957 SC 540

Kehar Singh v. Yashpal Singh AIR 1990 SC 2212

Jatav Kumar v. Gotcha Properties Ltd. (1970) 3 SCC 573

Col Avtar Singh Sekhon v. Union of India AIR 1980 SC 2041

Inder Chand Jain v. Moti Lal (2009)14 SCC 663

Babboo v. State of Madhya Pradesh (1979) 4 SCC 74

Thungabhadra Industries v. Government of AP AIR 1964 SC 1372

Shanti Devi v. State of Haryana (1999) 5 SCC 703

S.Rama Iyer v. Sundarasa Ponnapoondar AIR 1966 SC 1431

D.L.F. Housing& Construction Co.Pvt. Ltd v. AIR 1971 SC 2324

Sarup Singh

Ram Gopal Chaturvedi v. State of MP (1969) 2 SCC 240

Chitra Kumari v. Union of India (2001)3 SCC 208

Module III

Criminal Pleadings & Writs

Criminal Pleadings in India

FIR

Complaint

Bail Applications

Writ Petitions under Article 226 & Article 32 of Constitution of India

Statutory Reference

The Constitution of India

The Code of Criminal Procedure,1973

Suggested Readings

§ K.N. Chandrasekharan Pillai, R.V.Kelkar's Criminal Procedure, (Eastern Book Company

Lucknow, 6th edn 2018)

§ PSA Pillai, PSA Pillai's Criminal Law, Lexis Nexis,13th edn 2017

§ B.P. Banerjee, Writ Remedies-Remedial Rights under Public Law (Including High Court Rules
and Guidelines for drafting Writ Petitions) (Lexis Nexis; 1st edn 2015)

§ Justice C.K. Thakker, M.C. Thakker (rev), V.G. Ramachandran's Law of Writs, (Eastern Book
Company, 6th edn 2007)

Judicial References

Bharat Singh v. State of Haryana AIR 1988 SC 2181

Icchu Devi Choraria v. Union of India (1980) 4 SCC 531

 Union of India v. R.Gandhi, President Madras (2010) 11 SCC 1
Bar Association

P.S. Sadashiv Swami v. State of Tamil Nadu AIR 1974 SC 2271

Mani Shobhrej Jain v. State of Haryana (1977) 1 SCC 486

Govind Menon v. Union of India AIR 1967 SC 1893

Hari Vishnu Kamath v. Ahmad Ishaque AIR 1955 SC 233

University of Mysore v. Govinda Rao AIR 1965 SC 491

Module IV

Conveyancing

Conveyancing - Meaning and Definition

Component parts of a Deed of Conveyance

Sale Deed

Mortgage Deed

Lease Deed

Gift Deed

Will

Statutory Reference

The Civil Procedure Code,1908

The RegistrationAct,1908

The Indian StampAct,1899

Indian Contract Act, 1872

Transfer of PropertyAct,1882

Limitation Act, 1963

Compulsary & Suggested Readings

§ CR Datta, MN Das, DeSouza’s Forms and Precedents of Conveyancing, (Eastern Law House
th
Private Ltd, Kolkata, 13 edn. rev. 2004).

§ NS Bindra, Conveyancing, Vol.1, (Delhi Law House, Delhi, 2008)

th
§ MC Agarwal, G.C. Mogha, Mogha’s Indian Conveyancer, (Eastern Law House, Delhi. 14 edn
2009)

§ Medha Kolhatkar, Drafting, Pleading and Conveyancing (Lexis Nexis, 1st edn.2015)

§ S P Agrawal, Pleadings-An Essential Guide, (Lexis Nexis, 2nd rep. 2016)

nd
§ DK Gupta, A Guide to Conveyancing, Drafting and Deeds, (Kamal Law House, Kolkata 2
edn 2005)

§ M.T Tijoriwala & S.N. Vimadalal, Law and Practice of Conveyancing, (Snow White
Publications, Mumbai 4th edn 2002)

th
§ GC Mathur, Shiva Gopal’s Conveyancing, Precedents and Forms, 6 Edn - 2004, Eastern
Book Company Lucknow
nd
§ Murali Manohar, Conveyancing and Pleading, Eastern Book Company, Lucknow, 2 edn
2004)
nd
§ DK Gupta, A Guide to Conveyancing, Drafting and Deeds, (Kamal Law House, Kolkata. 2
edn 2005)

§ GF Harwood, Odgers on Pleadings and Practice, (Universal Law Publishing Co. Pvt Ltd.,
th
Delhi. 20 edn 1971)