Pleadings, Drafting, Judgment Writing and Professional Ethics
Pleadings
Order VI Rule 1 requires a concise statement of material facts, and Rule 17 permits amendment (not to defeat limitation or introduce a new case). A plaint under Order VII must state the cause of action, jurisdiction and valuation, and be verified under Rule 15; rejection is confined to Rule 11. A written statement must raise specific denials, and a mere evasive denial may be deemed an admission. A party cannot depart from its pleadings, and the court cannot grant relief outside the pleading.
Drafting
A good draft states parties, jurisdiction, cause of action, relief and valuation. Documents must be precise about dates, amounts and relief sought, and should avoid argumentative matter.
Judgment writing
Under Order XX, a judgment must contain a concise statement of the case, the points for determination, the decision with reasons, and the decree. In criminal trial, the judgment must record the points for determination, reasons, and the section under which the accused is convicted or acquitted. Distinguish a judgment from a decree in civil matters and never omit reasons.
Professional ethics
Under the Advocates Act, 1961 and Bar Council of India Rules, an advocate must not compromise a case without express authority, cannot appear against a former client in the same matter, cannot advertise, should not interfere with the opposite counsel, and should not present a false case. A breach amounts to misconduct, attracting disciplinary proceedings. Contempt of court may be civil or criminal, and truth is a restricted defence.
Rule of thumb
Ask whether an advocate acts for a client who has paid the fee or for the court first.