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    Simple Guide for Drafting of Civil Suits in India
    Simple Guide for Drafting of Civil Suits in India
    Simple Guide for Drafting of Civil Suits in India
    Ebook77 pages1 hour

    Simple Guide for Drafting of Civil Suits in India

    By Swetang Rataboli

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    About this ebook

    A successful Law practice requires three essentials being thorough knowledge of the prevailing laws, good eloquence and excellent drafting skills among others. A lawyer is required to keep themselves abreast of new enactment of statutes by the legislature and precedents set by the courts. Equally as important is a lawyer's eloquence. Eloquence in the legal context is the quality of artistry and persuasiveness in speech. It is not uncommon for the courts to encounter borderline cases, where the verdict is equally as plausible and justifiable, if given on either side. In such situations, where the law is favouring both sides equally, it is the lawyer's eloquence that becomes a deciding factor, in tipping the scales in favour of a specific side. 
    The skill considered to be the most important by me however, is drafting. Drafting extensively uses technical terminology with complex constructions and hyper formal vocabulary. It involves the use of legal jargon and ordinary words, which have varied meanings within the legal context in placing the client's case effectively. Well drafted pleadings are pivotal in creating a firm impression of a client's case in the mind of the reader and making out a clear picture. If the pleadings are incoherent, the courts would be hesitant in granting prayers sought for. Pleadings are also required to be drafted cleverly so as to avoid loopholes within the client's case. No client can be expected to have a perfect case. 
    This Book contains drafts of Civil Suits that I have referenced and used and are true and correct to the best of my knowledge. 

    LanguageEnglish
    PublisherHouse of Law Publications
    Release dateJun 18, 2019
    ISBN9781393642992
    Simple Guide for Drafting of Civil Suits in India

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    Simple Guide for Drafting of Civil Suits in India - Swetang Rataboli

    #Preface

    Asuccessful Law practice requires three essentials being thorough knowledge of the prevailing laws, good eloquence and excellent drafting skills among others. A lawyer is required to keep themselves abreast of new enactment of statutes by the legislature and precedents set by the courts. Equally as important is a lawyer’s eloquence. Eloquence in the legal context is the quality of artistry and persuasiveness in speech.  It is not uncommon for the courts to encounter borderline cases, where the verdict is equally as plausible and justifiable, if given on either side. In such situations, where the law is favouring both sides equally, it is the lawyer’s eloquence that becomes a deciding factor, in tipping the scales in favour of a specific side.

    The skill considered to be the most important by me however, is drafting. Drafting extensively uses technical terminology with complex constructions and hyper formal vocabulary. It involves the use of legal jargon and ordinary words, which have varied meanings within the legal context in placing the client’s case effectively. Well drafted pleadings are pivotal in creating a firm impression of a client’s case in the mind of the reader and making out a clear picture. If the pleadings are incoherent, the courts would be hesitant in granting prayers sought for. Pleadings are also required to be drafted cleverly so as to avoid loopholes within the client’s case. No client can be expected to have a perfect case.  

    This Book contains drafts of Civil Suits that I have referenced and used and are true and correct to the best of my knowledge.

    Efforts have been made to format this book to the best of my capabilities. However some formatting errors may crop up, for which I apologize in advance. 

    #Basics of Civil Suits

    Drafting Civil Suits requires good grasp over legal jargon and terminology as every word in the pleadings is subject to interpretations. While the principle of Law is that the intention of the party rather than a semantic evaluation is to be considered, one should take caution to use generally accepted and standardized words, so as to avoid improper interpretations. While the Code of Civil Procedure, 1908 does not provide for a comprehensive Performa of a civil plaint, (apart from Order VII, Rule 1) drafting of Civil Suits can be broken down into the following:-

    The plaint can be divided into three parts:-

    The Heading and Title

    The Body

    The Relief

    The Heading and the Title

    The Heading and the Title is commonly referred to as the Cause Title of the Plaint. The plaint should begin with the name of the court in which the suit is brought (Rule 1 (a), Order VII)

    For example,

    INTHE COURT OF THE CIVIL JUDGE JUNIOR DIVISION, AT MARGAO GOA

    (The above should preferably be written in capital letters)

    After the name of the court, in the next line the number of the suit and the year to be written in the following manner, 

    For example,

    Regular Civil Suit No......../2016

    Miscellaneous Civil Application No........./2016

    (Place for number should be left blank, which will be filled by the court officials)

    After the heading, title should be written. It contains the name, description and place of residence of the plaintiff (Rule 1 (b), Order VII)

    Plaintiff may be one or more and addresses may be different, true details of each of the plaintiff should be given. The word Description includes the name of father and other particulars of the plaintiff. The main purpose is to identify the plaintiff. The plaintiff may be minor or a person of unsound mind. A detailed statement regarding this must be given in the plaint (Rule 1 (d) Order VII), because a minor or insane person cannot sue or be sued. He can only sue or be sued through next friend (who may act as a next friend or be appointed guardian for the suit (Order XXXII Rule 1 and 4).Where there are several plaintiffs, a serial number should be given to each of them.

    After the name of the plaintiff, name of the defendant or

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