PRESENTATION OF LEGAL

DRAFTING :-
SUBMITTED TO MAM ALIYA
GROUP MEMBERS :-
MARIA QADEER (BL -0832)
FAIZA BATOOL (BL – 1036)
ATHAR MAQSOOD (BL -1045)
 OUR TOPICS :-
1)PLEADING
2)BAILABLE AND NON BAILABLE
OFFENCE
3)AMMENDMENT OF PLEADINGS
PLEADING :-

•Pleading are statement in writing of each party containing

contention of each parties and details of his case . It
basically means the formal statement of cause of action of
defence . Pleading is defined in order 6 of the code of civil
procedure as Plaint or Written statement
Plaint
•-Plaint is the statement of claim in writing and filed by the
plaintiff, in which he sets out his cause of action with all
necessary particulars.
Written statement
• Written statement is the statement of defence in writing and filed by the
defendent, in which he deals with every material fact alleged by the
plaintiff in the plaint.
Pleading is the beginning stage of the suit in which parties formally
submit their claims and defenses. in this, a plaintiff submits a
complaint stating the cause of action, the issue or issues in
controversy
The defendant submits an answer stating his or her defenses and
denials. the defendant may also submit a counterclaim stating a
cause of action against the plaintiff.
FUNCTION OF PLEADING :-
Pleadings serve an important function of providing
notice to the defendant that a lawsuit has been
instituted against him. it also provides notice to
the plaintiff of the defendant's intentions in
regards to the suit.
 OBJECT OF PLEADING :-
• The object of pleading is to bring the parties to an issue and purpose
of the rules relating to pleading and is to prevent the issue being
enlarged. Further that the parties themselves know what are the
matters in dispute and whatare facts they have to prove at the trial.

• To avoid unnecessary pleading and therby reduce time of litigation

and expenses .

• To bring parties to definite issue .

• To assist court
 CONCLUSION
• Pleadings are the backbone of legal profession. it is the foundation stone on which
case of a party stands. the case of a party must be set out in the pleadings.
pleadings do not only define the issues between the parties for the final decision of
the court at the trial,

• They manifest and exert their importance throughout the whole process of the
litigation. pleadings provide a guide for the proper mode of trial. they demonstrate
upon which party the burden of proof lies, and who has the right to open the case.
 BAILABLE AND NON BAILABLE OFFENSES :-
The code of criminal procedure divided offenses into two types:-

•Bailable offenses ;-
• According to Section 2(a) of the code of criminal procedure, bailable offence means
an offence which is shown as bailable in the first schedule, or which is made
bailable by any other law for the time being in force
.- The first schedule of the crpc is divided into two parts wherein the first part deals
with the offences given under PPC
- And the second part deals with the offences under other laws.
 FIRST SCHEDULE OF CRPC
• AS per the last item of the first schedule, an offence in order to be
bailable would have to be an offence which is punishable with
imprisonment for less than three years or with fine only.
Some of the common bailable offences are:
Simple hurt (section 337; ppc), Bribery (section 171e; ppc), Public
nuisance (section 290; ppc), Death by rash or negligent act (section
304a; ppc).
RIGHT TO BE RELEASED ON BAIL
• As per section 496 of crpc V OF 1898 whenever a person is arrested
without warrant, it is the duty of the police officer to communicate the full
detail of the offence for which the person is arrested. also, if the offence
for which the person is arrested is a bailable one, it is the duty of the
police to inform that he is entitled to be released on bail against surety as
determined by court
• The court cannot refused bail in the offences that have ben designated as
bailable in the second schedule of the code only the ques of surety is
determined.even the officers in charge of police is also empowered to
grant bail in respect of bailable offences
 NON BAILABLE OFFENCES :-

In non-bailable offences, accused can be granted bail under the

provisions of Section 497 Code of Criminal Procedure (V of 1898)
subject to condition that the Court from perusal of material placed
before it thinks that no reasonable grounds exist to believe that the
accused is guilty of a non-bailable offence. Such grace shall be granted
at the discretion of the Court which must be used judicially and not
arbitrarily.
 CONDITION FOR GRANT OF BALL:-

The conditions laid down by the supreme court for grant of bail are
as follows.
• 
If the person seeking bail has been placed under actual custody or
He appears in answer to a process issued by the court or
He is brought before the court
By the police;or
By some other arresting authority
CLASSES OF NON BAILABLE OFFENCES :-
Section 497 of cr.pc divides non-bailable offence into two categories
-Offences falling in prohibitory clause,
-Offences does not falling in prohibitory clause.
-Offences falling in prohibitory clause
-Offences punishable with death imprisonment for life and
imprisonment for tenyears.
SECTION 497 OF CRPC :-
The provisions of section 497 of the code provide that where a person is accused of a non-
bailable offence, he may be released on bail. the practice encouraged, again, is to grant and
not refuse bail.however, bail shall not be granted in the cases where the offence is
punishable with death, imprisonment for life or imprisonment for a period of ten years.

 - However, bail shall not be granted in the cases where the offence is punishable
with death, imprisonment for life or imprisonment for a period of ten years.
GENERAL RULE IN NON BAILABLE OFFENCES :=
As a general rule bail shall not be granted in such cases but with exceptions.
-Exception:
-A person under the age of sixteen years or
-Any woman;
-Any sick person or
-Infirm person
“Grant of bail in bailable offence is a right while in non-bailable offences, the grant of
bail is not a right but concession / grace. Grant of bail in offences punishable with
imprisonment for less than 10 years and refusal an exception.”[14]
AMMENDMENT OF PLEADING :-
1. The court may at any stage of the proceedings allow either party to alter or amend his
pleadings in such manner and on such terms as may be just, and all such amendments
shall be made as may be necessary for the purpose of determining the real questions in
controversy between the parties.
- Provided that no application for amendment shall be allowed after the trial has
commenced, unless the court comes to the conclusion that in spite of due diligence, the
party could not have raised the matter before the commencement of trial.”
 GROUNDS ON WHICH THE PLEADING CAN
BE AMMENDED:-
• 1. The provision related to amendment of pleadings gives power to the civil court to allow
parties to alter, amend or modify the pleadings at any stage of proceedings.

• 2. Provision for amendment of pleadings has been stated in order 6 rule 17 of the code of
civil procedure. but the court will allow amendment only if this amendment is necessary
to determine the controversy between the parties. the purpose of this provision is to
promote ends of justice and not to defeat the law.

• 3. The proviso of order 6 rule 17 states that court will not allow application of amendment
after the trial has been commenced unless court comes to the conclusion that party did
not raise the relevant facts before the commencement of the trial.
4. This proviso gives discretionary power to the court to decide on the application of pleadings after the
commencement of the trial. an institution of the suit is necessary for applying for amendment of
pleadings.
5. This provision was deleted by the civil procedure (amendment) code, 1999. this omission was made
to ensure consistency in new changes in the civil code.
6. But later, it was restored by the civil procedure (amendment) code, this amendment has given power
to the court to allow application of the pleadings with some limitation.
PROCEDURE FOR FILLING APPLICATION FOR
AMENDMENT
Step-1 ⇒
Firstly the plaintiff or defendant who wants to amend its pleadings can write an application for the
amendment of pleadings to the concerned civil court
Step-2⇒
After drafting the application applicant needs to produce the application before the concerned civil judge.
Step-3⇒
He has to pay a required court fee under court fees act, 1870
Step-4⇒
Applicant needs to tell the purpose of the alteration in his application.
•STEP-5⇒
Judge will read the application and if he thinks fit that this alteration or amendment is necessary for the
purpose of determining the real questions in controversy between the parties than he will grant
permission for amendment for pleading.

STEP-6⇒
After getting the order from the court, the applicant needs to file new pleadings within the prescribed time
and if no time has been prescribed by the court then he needs to file it in 14 days from the date of order.

STEP-7⇒
•he also needs to give a copy of altered pleadings to the opposite party.