Judgment Writing and Procedural Drafting
Scope
Judgment writing and procedural drafting test the practical skills of a judicial officer: framing pleadings, issues and charges, recording evidence, and writing a reasoned judgment or order. The exam may ask you to draft a plaint, written statement, bail application, complaint or decree.
Core rules
- A civil judgment should state the case, the points for determination, the decision and the reasons (Order XX Rule 4 CPC). A decree follows the judgment and must be precise.
- A criminal judgment must contain the points for determination, the decision and the reasons, and must deal with the evidence and defence version.
- Pleadings must state material facts, not evidence; the plaint needs jurisdiction, cause of action, valuation, court fee and prayer.
- A written statement must raise specific denials and affirmative defences; evasive denials may be treated as admissions.
- Drafting must use the correct court, cause title, sections, prayer and verification.
Worked example
A plaint for recovery of ₹5 lakh on a promissory note should plead execution, consideration, default, cause of action, jurisdiction, valuation and court fee, and attach the note. It should not plead the entire evidence. The prayer should ask for the principal, interest and costs.
Traps
A judgment without reasons is vulnerable. Do not draft a prayer that exceeds the valuation or the court's jurisdiction. In criminal drafting, do not omit the statutory provision and the ground for bail. Check limitation and maintainability before merits.