Drafting of Pleadings and Orders
What is tested
Drafting is functional: the pleading must disclose a cause of action, and the order must be executable.
Core rules
- Order VI Rule 2: pleadings must be a concise statement of the material facts relied on, not the evidence; Rule 4: conditions precedent must be pleaded with dates.
- Order VI Rule 6 forbids departure from the pleading; Rule 15 requires verification of every pleading, and a defective verification is a curable irregularity, not a nullity.
- Order VII Rules 1–8: particulars, valuation and specific relief. A relief not valued or not prayed for cannot be granted.
- Order VIII Rule 1: written statement within 30 days, extendable to 120 days (Salem Advocate Bar Association v. Union of India); Rule 5: an evasive denial is treated as an admission.
- Section 16(c), Specific Relief Act, 1963: readiness and willingness must be pleaded - a condition precedent, not a formality.
- Drafting an order: record appearance of counsel, the submission, the finding, the operative direction with date and time limit, and costs; then sign and date it.
Worked example
A plaint in a specific-performance suit recites the agreement but pleads only that 'the plaintiff was always ready to perform'. The suit is liable to dismissal for want of the section 16(c) plea even if oral evidence exists, because readiness must be pleaded with particulars of ability to pay and perform.
Traps
- Pleading conclusions and evidence instead of material facts.
- Omitting court fees or valuation of relief.
- Passing an order 'as prayed for' without conditions or reasons.