What is Pleading and drafting?

What is Pleading and drafting?

October 13,2023

This article is written by Adv. Simran Acharya and this article is focus on, what do you mean by pleading and drafting and it’s  importance, objective, types of pleading and drafting.  

And this article has been published by Adv. Prakash Chand Sharama.

In law, pleading is a written presentation by a litigant in a lawsuit, setting forth the facts upon which they claim legal relief or challenge the claims of their opponent. A pleading includes claims and counterclaims but does not include the evidence by which the litigant intends to prove their case. After both the plaintiff and defendant have made their initial statements, there may be further pleadings, such as a reply, a rejoinder, and even a surrejoinder. It is open to either party to apply to strike out their opponent's pleading, or parts thereof, on the grounds that it disclosed no cause of action or defense or on certain other grounds. Likewise, either party may seek further particulars of their opponent's pleading, and the court may order that these be furnished. If a factual allegation is not refuted or denied, it is assumed to be admitted. The purpose of pleading is to provide a written record of the parties' claims and counterclaims and to narrow the issues in dispute between them. It serves as a framework for the trial and ensures that both parties are aware of the other's position. Pleading is a crucial component of the legal process, and its importance cannot be overstated.

2. Meaning:-

According to Mogha, pleading is defined as a written statement drawn up by each party to a case, stating their contentions for the trial and providing all necessary details for their opponents to prepare their cases in response. Pleading is a formal written document that outlines the facts and issues of a legal case and sets out the legal arguments that the parties will rely upon. It is an essential part of the litigation process, as it helps to define the scope of the dispute and provides a clear understanding of the legal issues involved. In summary, pleading is a crucial component of the legal process, providing a detailed and comprehensive written record of a party's case and contentions.

3. Objective of pleading:-

The main objective of pleading is to narrow down the issues in dispute and provide a clear picture of the case. This helps to enhance and expedite the court proceeding by focusing on the essential facts and issues at hand. Pleading helps both parties to understand the points of dispute and where they differ, allowing them to bring forth relevant arguments and evidence in the court of law. By doing so, the court can make a well-informed decision based on the facts of the case and the relevant laws. Overall, pleading plays a crucial role in the legal process by allowing parties to present their case effectively and efficiently. Thorp vs holdsworth, 1876 lr 3 ch d 637. 

4. Importance:-

1.Provide a guide for proper trial.

2.Demonstrate upon which burden of proof lies.

3.Determine range of admissible evidence.

4.Lay down the limit of relief that can be granted.

5. Basic rules of pleading:-

When it comes to documenting a pleading, there are four basic or fundamental rules that must be followed. 

Firstly, the pleading should state the facts of the case and not the legal provisions applicable in the case. This means that the pleading should provide a clear and concise statement of the relevant facts of the case, rather than citing legal provisions or arguments. 

Secondly, pleadings must contain only material facts. This means that the pleading should only include facts that are essential to the case and necessary to understand the issues at hand. 

Thirdly, pleadings should contain only relevant facts on which either party relies, but it should not state the evidence by which those facts are proposed to be proved. This means that the pleading should only include facts that are directly related to the case and that support the claims or defenses of the parties. 

Finally, pleadings must be concise and provide a brief explanation of the details of the case. This means that the pleading should be clear and easy to understand, with a focus on the key facts and issues that are relevant to the case.

6. What is Drafting?

In the legal sense, drafting refers to the act of preparing legal documents such as agreements, contracts, deeds, and so on. A proper understanding of drafting requires a thorough understanding and acceptance of the nexus between the law, the facts, and the language. It is essential to understand the legal implications of the document, the relevant facts, and how to use language effectively to convey the intended meaning clearly. Without a clear understanding of these elements, it is challenging to create a well-drafted legal document.

7. Types of draft:-

When it comes to drafting, rough drafts are the first step where you put your thoughts on paper. It is where you place the information on the page, and it is not the final version of the assignment. However, it may undergo editing by the writer before the final draft is produced. Final drafts, on the other hand, are the polished and error-free versions that have undergone multiple revisions by the author. They may also undergo peer review to make sure the work is of high quality. The final draft is the perfect copy of the assignment, with all mistakes removed and any necessary changes made after numerous phases of revision.

8. Conclusion:-

This article explores the concept of pleading in legal proceedings. Pleading is a term that includes both the plaint and written statement. It is a formal document that sets out the claims and counterclaims of parties in a legal action. However, evidence by which the parties intend to prove their case is not included in the pleading. The object of pleading is to provide a clear picture of the issues in dispute and to narrow down the case. It sets out the facts, legal arguments, and remedies sought by the parties. Pleading is essential to the proper conduct of a legal action and helps to ensure that parties are aware of the issues in dispute and the evidence on which their case is based. 

Drafting is the process of preparing a legal document, such as a contract, deed, or agreement. The drafting process involves careful consideration of the legal issues involved, the parties' intentions, and the applicable law. A well-drafted legal document is essential to the proper functioning of any legal transaction and helps to ensure that the parties' rights and obligations are clearly defined. 

In conclusion, pleading is a critical aspect of legal proceedings and involves both the plaint and written statement. The object of pleading is to provide a clear picture of the issues in dispute and narrow down the case. Drafting is the process of preparing a legal document, and a well-drafted document is essential to the proper functioning of any legal transaction

9. Researcher and Writers:-

Intellectual Property Owner:-Techalam Legal Solution LLP*,

Author & Writer:- Simran Acharya*(B.Com, LLB, LLM, Adv.), Adv. Naya Jain **(LLB, ADV)

Researcher & Scientific Work:- Prakash Chand Sharma***

Technology & Intelligence Director:- Devendra Choudhary******

Founders, Designated Partners & Associate of Zumosun Group

Mobile:- +91 9116098980/9119112929  email:- thelegalbank@gmail.com

10.Reference:-

https://www.britannica.com/topic/evidence-law 

Plaintiff | Definition & Examples | Britannica

Editing and Revising - Pfeiffer Library at Tiffin University

Conducting Effective Peer Reviews - Pfeiffer Library at Tiffin University