1.

Introduction to Pleadings and Convincing

Pleadings are formal written statements filed in court, by which parties state their claims and
defenses. The two main types of pleadings are:

 Plaints: The formal written statement by the plaintiff outlining the cause of action.
 Written Statements: The defendant's response to the plaint.

Convincing (or Legal Drafting) is the art of drafting legal documents such as contracts, petitions,
complaints, and others, which require clarity, precision, and the correct legal format.

2. Basic Principles of Pleading

 Clarity and Precision: Pleadings should be clear, unambiguous, and concise.

 Pleadings must contain facts: Legal conclusions or opinions should not be stated as
facts.
 Material Facts: All material facts and not just evidential facts must be pleaded.
 Form and Structure: Pleadings should follow prescribed formats and structures,
including the format of headings, paragraphs, and specific terminology.

3. Essential Rules for Pleadings under the CPC (Code of Civil Procedure 1908)

 Order VI - Pleadings: This deals with the formal requirements of pleadings in civil
cases. It includes the rules for:
o Plaint (Plaintiff’s statement of claim).
o Written Statements (Defendant’s reply).
o Rejoinder (Reply to defendant’s written statement).
o Amendment of pleadings.
 Order VII - The Plaint: This part explains the essential details a plaint must contain:
o The name of the court.
o The title of the suit.
o The name and description of the plaintiff and defendant.
o A concise statement of facts that constitute the cause of action.
o The relief sought.
 Order VI, Rule 17 - Amendment of Pleadings: It allows for pleadings to be amended at
any stage of the proceedings if the amendment is necessary for the determination of the
real issues in controversy.

4. Types of Pleadings in Civil Cases

 Plaint: The document by which a civil suit is initiated. It must contain the following:
o Court details.
o Name and address of the plaintiff.
o Facts constituting the cause of action.
o Relief sought (e.g., compensation, specific performance, etc.).
  Written Statement: The defendant's response to the plaint, where they either admit,
deny, or state that they lack knowledge about the facts presented by the plaintiff.
 Replications and Rejoinders: These are additional pleadings by the plaintiff in response
to the defendant’s written statement.
 Counterclaims: If the defendant has a claim against the plaintiff, they can file a
counterclaim along with the written statement.
 Interlocutory Applications: Temporary applications such as injunctions, stay orders,
etc.

5. Drafting Pleadings

 Plaint:
o Start with a caption (court details and title of the case).
o Give a brief introduction of the parties involved.
o State the cause of action clearly, mentioning the facts and events.
o Legal grounds supporting the action.
o Relief sought (specific performance, damages, etc.).
 Written Statement:
o Begin with a heading (similar to a plaint).
o Deny or admit each paragraph of the plaint.
o State any additional facts, counterclaims, or legal defenses.
o Conclude by stating any relief sought, if applicable.

6. Importance of Precedents and Forms

 Legal Precedents: Precedents or previously decided cases guide the court in interpreting
the law and applying it to similar facts. It's crucial to refer to precedents in pleadings and
convincing.
 Forms and Templates: These are ready-made formats and examples of various
pleadings such as:
o Recovery of amount under a bond.
o Divorce petitions.
o Bail applications.
o Gift deeds.
o Writ petitions.

These forms provide a foundation for students to practice drafting different legal documents.

7. Conveyancing

Conveyancing refers to the preparation and drafting of legal documents, particularly in relation
to property law, such as the sale, lease, or transfer of property.

Key Areas of Conveyancing:

  Sale Deed: A document through which the seller transfers ownership of the property to
the buyer.
 Mortgage Deed: A document created to transfer a property as security for a loan.
 Lease Agreement: A contract between the landlord and tenant outlining terms of
property lease.
 Gift Deed: A deed by which a donor transfers property to a donee without consideration.

8. Legal Drafting in Criminal Law (Pleading for Criminal Cases)

In criminal law, pleading generally involves:

 FIR (First Information Report): A document detailing the allegations made by the
complainant.
 Charge Sheet: The formal accusation made by the police against the accused.
 Bail Application: A request to the court for temporary release of the accused.
 Criminal Appeals and Petitions: Drafting of appeals against convictions, and petitions
for revision or mercy.

9. Important Legal Drafting Skills for Pleading and Convincing

 Analytical Skills: Ability to analyze the facts of the case and determine the appropriate
legal arguments.
 Legal Language: Proficiency in formal legal language, and understanding technical legal
terminology.
 Attention to Detail: Ensuring accuracy in all facts, dates, and legal references.
 Adherence to Legal Procedures: Following proper court procedures, timelines, and
rules for drafting and filing documents.

10. Practical Exercises

1. Draft a Plaints for Recovery of Money Under a Contract:

o Identify key facts, such as the existence of the contract, breach, and amount due.
o State the cause of action and relief sought.
2. Draft a Written Statement Defending a Claim of Defamation:
o Admit or deny each point made in the plaint.
o Introduce a counterclaim, if necessary.
3. Draft a Sale Deed for Transfer of Property:
o Include details of the seller, buyer, and property.
o Clearly state terms of sale, payment, and delivery of property.
4. Prepare a Bail Application in a Criminal Case:
o Set out the charges, the applicant’s standing, and reasons for seeking bail.

Recommended Reading Material

1. "Legal Drafting and Pleading" by I.C. Desouza

2. "The Law of Pleading and Practice" by M. B. S. S.
 3. "Conveyancing and Drafting" by K. S. G.
4. "Principles of Law of Pleadings" by M. I. H.

Conclusion

For fourth-year LLB students in Pakistan, understanding the core principles of pleading, legal
drafting, and conveyancing is critical, as these are practical skills that will form the foundation
of their legal careers. Practice and mastery of drafting clear, concise, and legally sound
documents are key to success in law practice.