CONTENTS

DRAFTING OF PLEADING AND CONVEYANCING
 

- General Principles of Drafting and Relevant Rules
 

CIVIL

-     Plaint

-     Written Statements

-     Interlocutory Applications

-     Original Petition

-     Affidavit

-     Execution Petition

-     Memorandum of Appeal and Revision

-     Petition under Art. 226 and Art. 32 of the Constitution of India
 

CRIMINAL

-     Complaint

-     Criminal Miscellaneous Petition

-     Bail Application

-     Memorandum of Appeal and Revision
 

CONVEYANCING

-     Essentials of a Deed

-     Sale Deed

-     Mortgage Deed

-     Lease Deed

-     Gift Deed

-     Promissory Note

-     Power of Attorney

-     Will

-     Agreements

WRITTEN STATEMENT (ORDER VII) C.P.C.

WRITTEN STATEMENT (ORDER VII) C.P.C- A written statement is required to be filed by the defendant in answer to the claim made by the plaintiff in his plaintiff, which is delivered to the defendant along with the summons to attend at the first hearing of the suit. The number of the suit is noted in the summons.

WRITTEN STATEMENT (ORDER VII) C.P.C

A written statement is required to be filed by the defendant in answer to the claim made by the plaintiff in his plaintiff, which is delivered to the defendant along with the summons to attend at the first hearing of the suit. The number of the suit is noted in the summons.

Before drafting a written statement, one should verify the provisions set out for drafting a plaint under order VI of CPC. Examine whether the suit is barred under order II Rule 2 CPC, carefully study the material facts and the documents referred to in the plaint, check whether the documents are duly stamped, see that the material facts are specifically denied. Study order VIII, CPC, make sure set-off or a counter-claim to be pleaded or not. Verify also whether the claim is barred under principles of res judicata.

In the written statement, the defendant should mention at the top the name of the judge or court, trying the suit. Next, the name of the parties first named are mentioned, as it is not necessary to mention the names, description and place of residence of all the parties in the title of the written statement.

The answering defendant thereupon replies to each Para of the plaint, unless there is some preliminary objection, the consideration of which is necessary in the first instance before the suit is tried on the merits of the case. Objections relating to the maintainability of the suit, locus standi of the plaintiff to file the suit, the non-joinder or mis-joinder of parties as to the jurisdiction of the court or as to limitation may: be included in the preliminary objection. Similarly, objections relating to court fees paid or valuation of the suit for process of jurisdiction are taken up in the first instance,

The defendant may have additional facts to be stated which do not find and appropriate place in reply to the assertions made by the plaintiff in his plaint such additional facts or pleas maybe added in the written statement as additional pleas.

The filing of a written statement by any defendant, whether it is a Government or not a Government, whether it is an ordinary person or a statutory body a corporation or any body else, is covered by the same provision, namely, order VIII, Rule 1.there is no other provision dealing with the filing of a written statement.

It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each allegation of fact of which he does not admit the truth except damages. Every allegation of fact in this plaint, if not denied specifically of by' necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted.

The pleading 'not know' is not tantamount to the pleading 'not admitted'. So also the plea of no knowledge' of fact pleaded in the plaint is not tantamount to a 'denial' of the existence of those facts and does not even amount to an implied denial according to order VIII, Rule 3 or Rule 5.

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