Introduction to Pleadings and conveyancing.

Why we are here?

Today we all are here with one reason and that is to understand not only the basics of Drafting but also the depth of principles related to drafting. Have you ever thought about why drafting is so hard? I mean, if you are a law student or actually indulged in a legal practice you can understand that even high profile advocates are so much concern about drafting, why is it so?

                                                            What is Drafting?

There are several questions that strike in our mind when we deal with drafting, such as, should we use tough words to make our drafting better? should we use lengthy paras to make our drafted document an attractive one? some of us think that drafting is a work of experience, well to some extent you are right, it is a matter of experience but none of the tough words or lengthy paras make any sense. On the other hand, drafting is an art by which we can show the cause of action to the court of law and ask for relief that a person actually suffers in a short but exact way. 



                                       INTRODUCTION:

Drafting and pleadings, an altogether different game. When you enter the practical field of law you would realize that most of the importance is given to Drafting. Drafting a document is the only way that is more significant when it comes to approaching the court for remedy. Drafting requires practice, experience, patience, persistence, and updated knowledge of recent amendments and updated laws.

If you are a newcomer and trying to understand, what is drafting? what are its types? How we can draft a Plaint or Written statement? then you are in the right place. Here is the article which will help you to understand the basics of the drafting.

What is Drafting?

In law, drafting is not defined anywhere perfectly but if we consider the practical aspect, Drafting is a document in which any person (who suffers wrong or whose right is violated or against whom an offense has been commenced) mentions the cause of action and requests the court for appropriate relief according to the law applicable. 

How many types of Drafting are there?

Majority Drafting is divided into two types, civil and criminal. There are some offenses who at the same time has civil in nature and also criminal in nature, for example, defamation is a criminal offense under IPC 499, 500 and also a civil offense in tort. It basically depends upon the approach of the client towards the court. If a client demands imprisonment or fine then the matter will be criminal and deals with criminal drafting such as complaint, FIR, etc. And if the client approaches court just for compensation or damages for his loss then the matter would deal with civil drafting such as Plaint, written statement, etc.




Name of the parties varies as under:

	PARTIES	By Whom (action) A.	Against Whom B.
CIVIL DRAFTING
	Plaint (Suit)	Plaintiff	Defendant
	Written Statement (Suit)	Plaintiff	Defendant
	Writs	Petitioner	Respondent
	Petition (Civil)	Petitioner	Respondent
	Appeal (Civil)	Appellant	Respondent
CRIMINAL
	Complaint	Complainant	Accused
	Appeal (Criminal)	Appellant	Accused/respondent

________________________________________________

BASIC FORMAT OF PLAINT

 IN CIVIL SUIT

IN THE COURT OF ________AT______

SUIT NO. ___OF 2020

PARTY (Name, address)                                                                   ….Plaintiff

Vs.

PARTY (Name, address)                                                                  …Defendant

The subject of the suit

Plaintiff submitted as under:

(Introduction of parties, Description, Work, Law-abiding person, no enmity)

1.

2.

3.

(Cause of Action, Incident, Right, Damages, etc.)

4.

5.

6.

(Legal Paras, Court fee is submitted, Court has jurisdiction, valuation of a suit, within time limits, etc.)

7.

8.

9.

 (note: you can increase the number of points according to your facts)

Prayer

Explain in a para or pointwise (What relief you request for)

Place_____                                                                                      Sd-

Date______                                                                                Plaintiff

  Verification:

True of my knowledge (Plaintiff) and some para are based on my advocates' advice and believed to be true

Place_____                                                                                   Sd-

Date______                                                                              Plaintiff

____________________________________

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About Me

I am an advocate by profession but my goal is to extend the knowledge of laws to every person who is concern about law and wants to understand the law. Now the question must be in your mind that if my purpose is just to make you aware of law then it is not too important as you guys can read books and learn things, well exactly where you are wrong. when you will entres to a practical field of law none of your books will make sense, although the law will apply, things like getting a certified copy, preparing plaint, making written statements, submitting a case, taking adjournments, etc, are not really given in books. And my object is to provide you the knowledge of practical law.

My Youtube Channel:- 

After having experience in this field and running an education youtube channel, I can help you out in the practical field of law, on this blog you will find within a couple of days, formates of various applications related to civil and criminal drafting, I will also share my ideas and tricks related to drafting. So, lets us buckle the belt and start the journey together. 

You can also check out the videos related to Drafting. 

In this video, I had discussed the basics of the plaint and written statement. 

This video will be helpful for you if you are new to the drafting and trying to understand the depth of drafting.