• I. Principles of Drafting and Pleading
    • 1.1 Drafting: Meaning, Essential Elements, and Principles
    • 1.2 Pleadings: Meaning, Object, and Fundamental rules
    • 1.3 Plaints: Framing and Essentials
    • 1.4 Written Statements: General defences and Specimen forms
    • 1.5 Plaint in a suit for: Summary Suit (Order 37), Money Suits, and Injunction Application (Order 39)
  • II. Applications Under Civil Procedure Code
    • 2.1 Affidavit for discovery of documents (Order 11, Rule 13)
    • 2.2 Caveat Application (u/s 148A)
    • 2.3 Application for temporary injunctions (Order 39 Rules 1 & 2)
    • 2.4 Application for attachment before judgment (Order 38, Rule 5)
    • 2.5 Application for Appointment of Commissioner (Order 26, Rule 1)
    • 2.6 Arbitration Agreement (Section 7 of Arbitration and Conciliation Act, 1996)
    • 2.7 Notice u/s 80 of CPC
  • III. Applications Under BNSS, 2023
    • 3.1 Complaint u/s 323 of BNS, 2023
    • 3.2 Complaint u/s 138 r/w 141 of N.I. Act
    • 3.3 Statutory Notices u/s 138 r/w section 141 of N.I. Act
    • 3.4 Applications for Bail (u/s 478, 480, and 482) and Maintenance (u/s 144)
  • IV. Petitions Under Family Law
    • 4.1 Petition for Restitution of Conjugal Rights (u/s 9 HMA)
    • 4.2 Divorce Suit, Judicial Separation, and Mutual Consent
    • 4.3 Adoption Deed, Appointment of Guardian, 4.4 Appointment of Person and Property  
  • V. Conveyancing
    • 5.1 CONVEYANCING: Introduction and
    • Definition
    • 5.2 Meaning of Certain Terms
    • 5.3 Deed, Components of Deed
    • 5.4 Sale Deed
    • 5.4.1 Agreement to Sale
    • 5.4.2 Relinquishment Deed
    • 5.4.3 Title Clearance
    • 5.5 Leave and License Agreement
    • 5.6 Mortgage Deed
    • 5.7 Exchange Deed
    • 5.8 Lease Deed
    • 5.9 Gift Deed
    •  
  • VI. Wills and Other Documents
    • 6.1 WILL: –
    •  6.1.1 Will in favour of wife and children.
    •  6.1.2 Will by a Wife in favour of husband.
    •  6.1.3 Joint Will by husband and wife.
    •  6.1.4 Detailed Will in favour of family members.
    • 6.2 Power of Attorney
    • 6.2.1 Power of Attorney from a person going abroad
    • for the general management of his affairs / property.
    • 6.2.2 Power of Attorney to sell specified property to
    • execute its sale deed and to get the same registered.
    • 6.3 Promissory Note
    • 6.4 Affidavit: –
    • 6.5 Receipts
    • 6.6 Non-Disclosure Agreement 

 

🏗️ Part 1: Pleadings (Units 1, 2, 3 & 4)

Focus: The Courtroom Documents

The “Golden Rules” of Pleading (Order VI)

  1. Plead Facts, Not Law: The judge knows the law; tell them what happened.
  2. Plead Material Facts: Only include facts essential to the “Cause of Action.”
  3. Do Not Plead Evidence: State that a contract exists, but don’t list the witnesses who saw it signed.
  4. Be Concise: Use numbered paragraphs and short sentences.

The Structure of Suits & Applications

Document

Order/Section

Key Element to Draft

Plaint

Order VII

Cause of Action: The exact date/event that started the dispute.

Written Statement

Order VIII

Specific Denial: If you don’t deny a fact specifically, it’s admitted.

Interim Injunction

Order 39

3-Pillar Test: Prima Facie Case, Balance of Convenience, Irreparable Loss.

Caveat

Sec 148A

90-Day Warning: “Don’t pass an order without hearing me.”

Bail (Regular)

Sec 478 BNSS

Liberty Principle: Accused is not a flight risk; won’t tamper with evidence.

Anticipatory Bail

Sec 482 BNSS

Apprehension of Arrest: Must show reasonable fear of being arrested.

Cheque Bounce

Sec 138 NI Act

15-Day Notice: Case is only valid if a 15-day demand notice was served.

📜 Part 2: Conveyancing (Unit 5)

Focus: Property Transfer Documents

The “Anatomy” of a Deed

  • Recitals: The “History” of the property (how the seller got it).
  • Habendum: Defines the “Extent” of ownership (e.g., “to have and to hold forever”).
  • Covenants: Promises made by the seller (e.g., “The property is free from all encumbrances”).
  • Testimonium: The closing signature part (“In witness whereof…”).

Key Property Transfers

Deed Type

Core Characteristic

Essential Clause

Sale Deed

Permanent transfer for money.

Consideration Clause: Actual price paid.

Gift Deed

Transfer for “Love & Affection.”

Acceptance Clause: Donee must accept the gift during donor’s life.

Mortgage Deed

Property as security for a loan.

Right of Redemption: Debtor can get property back after paying.

Lease Deed

Right to enjoy property for time.

Redendum Clause: The specific rent to be paid.

Exchange Deed

Swapping one property for another.

Mutual Transfer: Both parties act as “Seller” and “Buyer.”

✍️ Part 3: Wills & Special Documents (Unit 6)

Focus: Private & Future-Oriented Documents

Wills & Power of Attorney

  • Will (Sec 63 Succession Act): Always requires 2 Witnesses. It is “Ambulatory” (can be changed until death).
  • General PoA: For managing all affairs (e.g., for a person going abroad).
  • Special PoA: For a specific act (e.g., only to sign one Sale Deed).

Administrative Essentials

  • Promissory Note: An unconditional promise to pay a certain sum. Must be stamped.
  • Affidavit: A statement on oath. Verification is the most important part (Fact vs. Belief).
  • NDA: Protects secrets. Must define what is “Confidential” and for how long.
  • Section 80 Notice: Mandatory 2-month notice before suing the Government.

🚀 Exam “Golden Key” Summary

  • For Pleadings: Always check Jurisdiction and Limitation.
  • For Conveyancing: Always ensure the Stamp Duty and Registration requirements are mentioned.
  • For BNSS (Criminal): Use the new Section numbers (e.g., Sec 482 for Anticipatory Bail) to impress the examiner.
  • Latin Maxim to remember: Nemo dat quod non habet (No one can give what they don’t have—perfect for Sale Deeds).

 

 

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