LL.B. V Term
LB – 502
Drafting, Pleadings and Conveyance
Prepared by
Diksha Munjal Shankar
Isha Wadhwa Sharma
Kailash Jeenger
Pooja Devi
FACULTY OF LAW,
UNIVERSITY OF DELHI
July, 2020
(For private use only in the course of instruction)
, ii
LL.B. V Term
Paper: LB – 502 - Drafting, Pleadings and Conveyance
Note: This is a kind of practical paper, related to purely procedural aspect of the legal
profession, wherein it is difficult to explain the concepts theoretically. Depending upon the
facts of particular matter students, in the capacity of a lawyer, would be required to do
‘Drafting’ of:
various applications, petitions and replies etc. of a particular litigation – which
constitute part of the court proceedings –falling under ‘Pleadings’; and
documents, reflecting conveyance of property from one person to another person.
Depending upon the nature of such dealings/transactions between the parties qua that
property nomenclature of such a document is done. This part falls under
‘Conveyancing’.
In this scenario, the students would be required to undertake, under this subject, to do these
practical exercises in the class itself under the guidance of their teacher, after recollecting
what they have learnt in the other substantive subjects during their LL.B. Course. For that
reason, no specific book is being recommended for the present paper. Therefore, keeping in
view the nature of this paper, there is no substitute of class – lectures of the present subject.
PURPOSE OF LAW IS TO HAVE PEACE IN THE SOCIETY
It is needless to emphasize the importance of peace in society, since we cannot enjoy life to its
fullest extent without peace. This aspect is further substantiated in terrorist-stricken world of
today, where in the agenda of every world leader ‘peace’ finds top priority. In fact, peace
means and exists when there is no dispute. The dispute arises only when a person claims his
right over a particular thing and the same is disputed by the other, which creates tension and
ultimately leads to breach of peace. Here law plays a very vital and significant role in the
society, because through justice delivery system it adjudicates these kinds of disputes, arising
out of clash of interests amongst the people.
LAW CAN BE SUBSTANTIVE LAW OR PROCEDURAL LAW
The law can be substantive law or procedural law. The substantive law is the one which
actually decides the rights, liabilities and duties of the respective persons. On the other hand,
the procedural law is the one which lays down guidelines as to how to decide those rights,
liabilities and duties. In other worlds, the procedural law lubricates substantive law. It helps in
, iii
determining the rights, liabilities and duties of the litigants. It is procedural law which puts
life into the substantive law by providing remedy for enforcement of those rights and
liabilities. In this way, both the branches of law are complementary to each other and at the
same time independent of each other. Indian Penal Code, 1860, Customs Act, 1962,
Prevention of Food Adulteration Act,1954, Sale of Goods Act, 1930,Transfer of Property Act,
1982 and Rent Control Legislations, etc. are the examples of substantive laws, whereas Code
of Criminal Procedure, 1973, Code of Civil Procedure, 1908, Indian Evidence Act, 1872, etc.
are procedural laws. However, there are certain laws, regarding which, due to the nature of
their provisions and the object, for which they were legislated, it is difficult to point out as to
whether they are substantive laws or procedural laws. In such cases, on one hand the
provision of such a law provides procedure for enforcement of certain rights and at the same
time violation of that procedure leads to taking away of that substantive right of the violator.
For example, under the Registration Act, 1908 if a particular document, which requires
compulsory registration, is not registered then the party to that document, claiming right on
the strength of the contents of the said document would not be able to establish his
substantive right under that unregistered instrument.
PLEADINGS
It would be beneficial to distinguish between the pleadings and conveyancing. The dictionary
meaning of the term ‘plead’ means ‘to state and argue a case’. Therefore, pleading comprises
of respective contentions of the parties in a dispute, which are reduced into writing.
‘Pleadings’, under Civil as well as Criminal Law, meant that to determine what the parties
were currently fighting about. Pleading is the beginning stage of a lawsuit in which parties
formally submit their claims and defences. In Civil proceedings the plaintiff submits a plaint
stating the cause of action -- the issue or issues in controversy. The defendant submits an
answer- the reply- the written statement- stating his or her defences and denials. In other
words it is nothing but the formal presentation of claims and defences by parties to a lawsuit.
Therefore, it includes every legal document filed in a lawsuit, petition, motion and/or hearing,
including complaint, petition, answer/reply, rejoinder, motion, declaration and memorandum
of points and authorities (written argument citing precedents and statutes).
Hence, the term pleading would be applicable to the Court proceedings including
filing of the complaint/plaint, etc., replies thereto and other incidental documents related to
the dispute filed by either of the parties. Needless to mention here that, our legal system is
adversary legal system wherein there are two contesting parties. One party stakes its claim or
right to a particular thing, which is disputed by the opposite side before the Court. Under
these circumstances each of the parties in support of its claim files in writing various
contentions and submissions in terms of the different provisions under the law before the
Court. All these documents constitute pleadings. It is only after the completion of the
pleadings that a matter is argued and subsequently the dispute is adjudicated by the Court.
Under this part of the subject we would be learning drafting of various kinds of pleadings, as
mentioned in the syllabus.
, iv
CONVEYANCING
On the other hand the dictionary meaning of the ’conveyance’ is ‘an act by which property is
conveyed or voluntarily transferred from one person to another by means of a written
statement and other formalities’. It also means ‘instrument’ itself. Therefore, the term
conveyancing does not apply to the Court proceedings, rather it is applicable to the
instrument, which have been documented not for the purpose of Court proceedings, rather for
the purpose of creating evidence of a particular transaction, which may be used before the
Court in case of any dispute. So broadly speaking the pleading and conveyancing may be
distinguished by simply stating that while the pleadings are applicable to Court proceedings
and conveyancing is applicable to the documentation done outside the Court and not meant
for the Court proceedings particularly, though they may be used in the Court proceeding, in
order to substantiate a particular contention, claim or submission. Under this part of the
subject we would be learning drafting of diverse documents, reflecting different kinds of
transactions between the parties, as mentioned in the syllabus.
Prescribed Books:
1. M.C. Agarwal and G.C. Mogha, Mogha’s Law of Pleadings in India
(17th ed., 2006)
2. M.R. Mallick, Ganguly’s, Civil Court: Practice and Procedure (13th ed., 2005)
Prescribed Legislation:
The Code of Civil Procedure, 1908, Orders VI to VIII
LB – 502
Drafting, Pleadings and Conveyance
Prepared by
Diksha Munjal Shankar
Isha Wadhwa Sharma
Kailash Jeenger
Pooja Devi
FACULTY OF LAW,
UNIVERSITY OF DELHI
July, 2020
(For private use only in the course of instruction)
, ii
LL.B. V Term
Paper: LB – 502 - Drafting, Pleadings and Conveyance
Note: This is a kind of practical paper, related to purely procedural aspect of the legal
profession, wherein it is difficult to explain the concepts theoretically. Depending upon the
facts of particular matter students, in the capacity of a lawyer, would be required to do
‘Drafting’ of:
various applications, petitions and replies etc. of a particular litigation – which
constitute part of the court proceedings –falling under ‘Pleadings’; and
documents, reflecting conveyance of property from one person to another person.
Depending upon the nature of such dealings/transactions between the parties qua that
property nomenclature of such a document is done. This part falls under
‘Conveyancing’.
In this scenario, the students would be required to undertake, under this subject, to do these
practical exercises in the class itself under the guidance of their teacher, after recollecting
what they have learnt in the other substantive subjects during their LL.B. Course. For that
reason, no specific book is being recommended for the present paper. Therefore, keeping in
view the nature of this paper, there is no substitute of class – lectures of the present subject.
PURPOSE OF LAW IS TO HAVE PEACE IN THE SOCIETY
It is needless to emphasize the importance of peace in society, since we cannot enjoy life to its
fullest extent without peace. This aspect is further substantiated in terrorist-stricken world of
today, where in the agenda of every world leader ‘peace’ finds top priority. In fact, peace
means and exists when there is no dispute. The dispute arises only when a person claims his
right over a particular thing and the same is disputed by the other, which creates tension and
ultimately leads to breach of peace. Here law plays a very vital and significant role in the
society, because through justice delivery system it adjudicates these kinds of disputes, arising
out of clash of interests amongst the people.
LAW CAN BE SUBSTANTIVE LAW OR PROCEDURAL LAW
The law can be substantive law or procedural law. The substantive law is the one which
actually decides the rights, liabilities and duties of the respective persons. On the other hand,
the procedural law is the one which lays down guidelines as to how to decide those rights,
liabilities and duties. In other worlds, the procedural law lubricates substantive law. It helps in
, iii
determining the rights, liabilities and duties of the litigants. It is procedural law which puts
life into the substantive law by providing remedy for enforcement of those rights and
liabilities. In this way, both the branches of law are complementary to each other and at the
same time independent of each other. Indian Penal Code, 1860, Customs Act, 1962,
Prevention of Food Adulteration Act,1954, Sale of Goods Act, 1930,Transfer of Property Act,
1982 and Rent Control Legislations, etc. are the examples of substantive laws, whereas Code
of Criminal Procedure, 1973, Code of Civil Procedure, 1908, Indian Evidence Act, 1872, etc.
are procedural laws. However, there are certain laws, regarding which, due to the nature of
their provisions and the object, for which they were legislated, it is difficult to point out as to
whether they are substantive laws or procedural laws. In such cases, on one hand the
provision of such a law provides procedure for enforcement of certain rights and at the same
time violation of that procedure leads to taking away of that substantive right of the violator.
For example, under the Registration Act, 1908 if a particular document, which requires
compulsory registration, is not registered then the party to that document, claiming right on
the strength of the contents of the said document would not be able to establish his
substantive right under that unregistered instrument.
PLEADINGS
It would be beneficial to distinguish between the pleadings and conveyancing. The dictionary
meaning of the term ‘plead’ means ‘to state and argue a case’. Therefore, pleading comprises
of respective contentions of the parties in a dispute, which are reduced into writing.
‘Pleadings’, under Civil as well as Criminal Law, meant that to determine what the parties
were currently fighting about. Pleading is the beginning stage of a lawsuit in which parties
formally submit their claims and defences. In Civil proceedings the plaintiff submits a plaint
stating the cause of action -- the issue or issues in controversy. The defendant submits an
answer- the reply- the written statement- stating his or her defences and denials. In other
words it is nothing but the formal presentation of claims and defences by parties to a lawsuit.
Therefore, it includes every legal document filed in a lawsuit, petition, motion and/or hearing,
including complaint, petition, answer/reply, rejoinder, motion, declaration and memorandum
of points and authorities (written argument citing precedents and statutes).
Hence, the term pleading would be applicable to the Court proceedings including
filing of the complaint/plaint, etc., replies thereto and other incidental documents related to
the dispute filed by either of the parties. Needless to mention here that, our legal system is
adversary legal system wherein there are two contesting parties. One party stakes its claim or
right to a particular thing, which is disputed by the opposite side before the Court. Under
these circumstances each of the parties in support of its claim files in writing various
contentions and submissions in terms of the different provisions under the law before the
Court. All these documents constitute pleadings. It is only after the completion of the
pleadings that a matter is argued and subsequently the dispute is adjudicated by the Court.
Under this part of the subject we would be learning drafting of various kinds of pleadings, as
mentioned in the syllabus.
, iv
CONVEYANCING
On the other hand the dictionary meaning of the ’conveyance’ is ‘an act by which property is
conveyed or voluntarily transferred from one person to another by means of a written
statement and other formalities’. It also means ‘instrument’ itself. Therefore, the term
conveyancing does not apply to the Court proceedings, rather it is applicable to the
instrument, which have been documented not for the purpose of Court proceedings, rather for
the purpose of creating evidence of a particular transaction, which may be used before the
Court in case of any dispute. So broadly speaking the pleading and conveyancing may be
distinguished by simply stating that while the pleadings are applicable to Court proceedings
and conveyancing is applicable to the documentation done outside the Court and not meant
for the Court proceedings particularly, though they may be used in the Court proceeding, in
order to substantiate a particular contention, claim or submission. Under this part of the
subject we would be learning drafting of diverse documents, reflecting different kinds of
transactions between the parties, as mentioned in the syllabus.
Prescribed Books:
1. M.C. Agarwal and G.C. Mogha, Mogha’s Law of Pleadings in India
(17th ed., 2006)
2. M.R. Mallick, Ganguly’s, Civil Court: Practice and Procedure (13th ed., 2005)
Prescribed Legislation:
The Code of Civil Procedure, 1908, Orders VI to VIII
