SYLLABUS

Session: Jan. to April 2016

DRAFTING, PLEADING AND CONVEYANCING
Course Teacher: Ms. Neha Sinha , Mrs Shreejaya Patil
Introduction:
By the art of legal drafting (also commonly called the legal composition) we
mean the art of composing or writing all documents which are either expressly intended to
be, or which frequently become the subject of legal interpretation. It is concerned chiefly
therefore, although not exclusively, with the documents which declare or regulate rights. This
at once distinguishes the art of legal composition from the art of ordinary composition or
literature, which deals not with rights but with thoughts or facts. Of course the bases of
literary composition and legal composition are all the same, grammar and logic. The latter,
perhaps, more strictly than the former kind o composition is bound by the rules of the
grammarian and logician but we do not intend, except incidentally, to touch on the rules of
grammar or logic. It is composition as legal - as dealing with or affecting rights - which we
have in view. This differs so much from literary composition that, though they have a
common basis, same rules do not apply to both. The style of good legal composition (for it
has a style of its own) is free from all colour, from all emotion, from all rhetoric. It is
impersonal as if the voice, not of any man, but of the law, dealing with the necessary facts. It
disdains emphasis and all other artifices. It uses no metaphor or figure of speeches. It is
always consistent and never contradicts itself. It never hesitates or doubts. It says in the
plainest language, with the simplest, fewest and fittest words, precisely what it means. These
are qualities which might be used to advantage more frequently than is common in literature,
and unfortunately they are not to be found in many legal compositions, but they are essential
to good legal composition and not essential to literary composition.
Pleadings are statement in writing drawn up and filed by each party to a
case, stating that his contentions will be at the trial and giving all such details as his opponent
needs to know in order to prepare his case in answer. The function of pleadings is not simply
for the benefit of the parties, but also and perhaps primarily for the assistance of the court by
defining with precision the area beyond which, without the leave of the court and
consequential amendment of the pleadings, the conflict must not be allowed to extend. The
purpose of rules regarding pleadings is to advance justice and to prevent multiplicity of
proceedings.

Conveyancing is the process by which legal title to property is

transferred. As a consequence, over time, a conveyancing has become the description for the
document effecting such transfer. In many ways conveyancing is like Shakespeares
character, Autolycus in The Winters Tale, a snapper-up of unconsidered trifles. Like this
amiable rogue, conveyancing takes from here, there and everywhere, from within the full
gamut of the law. Conveyancing rests and has been built upon the three foundations of land
law, contract law and equity and trusts. Because of this, a confident appreciation of land law
is crucial for success in conveyancing. You will also need to have a prior knowledge and
understanding of the details concerning the formation of contracts, the formalities of written
contract, misrepresentation and remedies for breach of contract. A detail understanding of the
influence of equity as well as trust will always be a prerequisite for a successful conveyancer.
So, the key to understand the nature of conveyancing is to appreciate how it calls
upon various disparate areas of law. It means that you must abandon a discrete approach to
applying the separate elements of the law. Conveyancing requires you to blend your
knowledge. Conveyancing does not relate just to the transfer of ownership of residential
properties. It covers the transfer of title to both houses and flats, new and second-hand
properties and commercial property of all kinds.
When students reach the legal practice course they should have developed a
general critical approach to the new law and to problem solving. The object of this course is to
present substantive law in the context of pleadings and conveyancing and to show how those
transactions are influenced by the legal considerations. A well drafted document instantly attracts
the attention of the court. Any failure however little, in bringing out the material issues would be
fatal to the matter under consideration. Therefore, it is pertinent that one has an accurate
understanding of the concerned issues, so that, relevant question are brought before the court for
successful adjudication. Pleadings assists students in their endeavor to enter active practice. This
course is created to help students understand the basics of pleadings and conveyancing.

Module I

Pleadings

1. Meaning and Importance -Functions of Pleadings - Order 6 of CPC - Essentials of Pleading

- Particulars of Pleading Striking out pleadings- Signing and verification- Amendment in
Pleadings - Applicability of Order 6 CPC in Other Proceedings.
2. Necessary Parties and Proper Parties
3.

Joinder ,Non joinder and Mis joinder of parties

4. Jurisdiction of the Civil Courts-Pecuniary, Territorial and Subject matter jurisdiction

Suggested References:
Murali Manohar, Conveyancing and Pleading, 2nd Edn -2004, EBC,

2.

Lucknow.
[Part II Chapters 1-5]
KS Gopalakrishnans Pleadings and Practice, ALT Publications, Hyderabad,

3.

2004.
[Part I Chapters 1-3, 24]
4. MC Agarwal & GC Mogha, Moghas Pleading, 17th Edn - 2006, EBC, Lucknow.
[Part I Chapters 1-10]
6. GF Harwood, Odgers on Pleadings and Practice, 20th Edn- 1971, Universal
Law
Publishing Co. Pvt Ltd., Delhi. [ Chapter 6]
Cases
1. Lakshmi Narayan Deo Vasti Temple vs. Narayan F. Marathy (1995) 2 Bom CR 610
2. Prabodh Verma vs. State of UP (1984) 4 SCC 251
3. Someswer vs. Tribhuban AIR 1934 PC 130
4. Narinder Nath vs. Jaswant Singh AIR 1994 P&H 111
5. Syed Muhammed vs. Fattah Muhammed ILR 22 Cal. 324 (PC)
6. Viswanath vs. Ram Narayan AIR 1940 All 405
7. Tika Khawas vs. Pasupathi AIR 1986 Sikk. 6
8. Motilal vs. Yudhistir AIR 1950 PC 73
9. Brijlal vs. Parvathy AIR 1982 Del. 114
10. Firm Gopal & Co. Ltd vs. Firm Hazarilal AIR 1963 MP 37
11. Keshab Rao vs. Chandrabhan AIR 1980 Bom 380
12. Onkar Nath vs. Vedvyas 1978 Ren.CR 408 (HP)
13. Iyakku Matho vs. Julius Elias Metropolitan AIR 1962 Ker 19
14. Rooplal vs. Nachhittar AIR 1982 SC 1559
15. A K Gupta vs. DVC AIR 1967 SC 961
16. G. Nagamma vs. Siromanamma (1996) 2 SCC 25

Statutes
1. Civil Procedure Code,1908

Module II

Civil Pleadings - Substantive Aspects and Drafts

1. Plaint- Meaning of plaint, Ingredient of Plaint and Draft of Plaint (Order 7 of CPC)
2. Written Statement- (Order 8 of CPC)
3. Notice to Government official under Sec.80 of CPC
4. Injunction Application
6. Interlocutory Application
7. Appeals
Suggested References:
1. Justice Thakker, Code of Civil Procedure, 5th Edn - 2007, EBC, Lucknow
2. MC Agarwal & GC Mogha, Moghas Pleading, 17th Edn - 2006, EBC, Lucknow.
[Part II]
3.

KS Gopalakrishnans Pleadings and Practice, ALT Publications, Hyderabad,

2004.
[Part II]
4. Murali Manohar, Conveyancing and Pleading, 2nd Edn -2004, EBC, Lucknow. [ Part I,II]
Cases
1. Phula Devi vs. Mangtu Maharaj AIR 1969 Pat 284
2. Jagjiban Das vs. Gunan Bhai AIR 1967 Guj 1
3. N.Naidu vs. K.Naidu AIR 1969 Mad 329
4. N.Naidu vs. K.Naidu AIR 1969 Mad 329
5. Jogeshwar vs. Sheopujan AIR 1986 Pat 35
6. State of Maharatsra vs. Glaxo 1979 Bom CR 321
7. Raghunath Das vs. Union of India AIR 1969 SC 674
8. State of MP VS. Lajjaram AIR 1961 MP 339

Statutes
1. Civil Procedure Code, 1908
2. Specific Relief Act, 1963

Module III Criminal Pleadings - Substantive Aspects and Drafts

1. Meaning - Criminal Pleadings in India
2. Complaint(Sec.2d of Cr PC)
3. Application for Bail (Sec.436, Sec. 437 of Cr PC)
4. Anticipatory Bail (Sec.438 of Cr PC)
5. Application U/S. 125 of the Code of Criminal Procedure, 1973
Suggested References:
1. KNC Pillai, Lectures on Criminal Procedure, 3rd Edn - 2004, Ashok Law
House,
Hyderabad.
2. Dr. Amit Sen, Leagal Language, Legal Writing and Legal Drafting, 2nd Edn 2006,
Kamal Law House, Kolkata. [ Chapters 23,26,28]
3.

KS Gopalakrishnans Pleadings and Practice, ALT Publications, Hyderabad,

2004.
[ Part II]
Statutes
1. Criminal Procedure Code, 1973
Module IV
Model

Other important Pleadings - Substantive Aspects and

Forms

1. Complaints Under Sec.138 of Negotiable Instruments Act

2. Petition for Dissolution of Marriage under Hindu Marriage Act
3. Application for Temporary Injunction
Suggested References:
1. MC Agarwal & GC Mogha, Moghas Pleading, 17th Edn - 2006, EBC, Lucknow.[Part II]
2.

KS Gopalakrishnans Pleadings and Practice, ALT Publications, Hyderabad,

2004.
[ Part II]
3. Murali Manohar, Conveyancing and Pleading, 2nd Edn -2004, EBC, Lucknow. [ Part I,II]
4. Dr. Amit Sen, Leagal Language, Legal Writing and Legal Drafting, 2nd Edn 2006,

Kamal Law House, Kolkata. [ Chapter 27]

5. GC Mathur, Shiva Gopals Conveyancing, Precedents and Forms, 6th Edn - 2004,
EBC,
Lucknow.[Chapters 39,42]
Statutes:
1. Negotiable Instruments Act, 1881
2. Indian Divorce Act, 1869
3. Hindu Marriage Act, 1955
Module V

Conveyancing

1. Sale Deed-Meaning of sale and Its essentials

2.

Mortgage Deed-Meaning of mortgage and Its kinds

3.

Lease Deed-Meaning of lease and Distinction between Lease and Licence

4.

Gift Deed- Meaning of gift and Distinction between Sale and Lease

Suggested References:
1. CR Datta, MN Das, D Souzas Conveyancing, 13th Edn-1999, Eastern Law House,
New
Delhi. [Chapter 1]
2. NS Bindra, Conveyancing, Vol.1, Delhi Law House, Delhi, 2008 [ Chapter 1]
3. DK Gupta, A Guide to Conveyancing, Drafting and Deeds, Vol. 1, 2nd Edn 2005,
Kamal Law House, Kolkata. [ Chapter 4]
4. MT Tijoriwala & SN Vimadalal, Law and Practice of Conveyancing, 4th Edn-2002,
Snow
White Publications, Mumbai.[Part I]
5. GC Mathur, Shiva Gopals Conveyancing, Precedents and Forms, 6th Edn - 2004,
EBC,
Lucknow.[Chapter 1]
6.

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

Lucknow.
[Part I Chapter 1]
7. JM Srivastava & MC Agarwal Moghas Indian Conveyancer, 13th Edn - 2004,
Eastern
Law House, Delhi. [Part I, II, III]
Statutes

1.
2.
3.
4.

The Registration Act, 1908

The Indian Stamp Act, 1899
Indian Contract Act, 1872
Transfer of Property Act, 1882

Cases
1. State of Bombay vs. United Motors AIR 1955 SC
2. PS Santhi vs. SB Bhagwandas Kripalini AIR 1991 SC
3. Sonia Bhatia vs. State of UP AIR 1981 SC 1274
4. Sakunthala vs. State of Haryana AIR 1979 SC 843
5. Sasi vs. Shanker 54 CWN 936

Further Readings
1. DK Gupta, A Guide to Conveyancing, Drafting and Deeds, Vol. 2- 8 , 2nd Edn 2005,
Kamal Law House, Kolkata.
2. NS Bindra, Conveyancing, Vol.2-7, Delhi Law House, Delhi, 2008
3. GF Harwood, Odgers on Pleadings and Practice, 20th Edn- 1971, Universal
Law
Publishing Co. Pvt Ltd., Delhi.
4. Rodney D. Ryder, Corporate and Commercial Agreements Drafting Guidelines, Forms
and Precedents, Universal Law Publishers, New Delhi 2005.