Civil Legal Drafting

Description

Civil Legal Drafting refers to the process of preparing documents used in civil litigation and legal proceedings. These documents are submitted before civil courts, tribunals, or other legal forums and must be precise, legally sound, and clear.

—

🔹 Key Components of Civil Legal Drafting

1. Pleadings

Plaint (Suit Filing) – Statement of claim by the plaintiff.

Written Statement – Reply/defense by the defendant.

Replication/Rejoinder – Plaintiff’s response to the written statement.

2. Applications

Under specific provisions of law (e.g., Order 39 Rule 1 & 2 CPC – Interim Injunction)

For condonation of delay, appointment of commissioner, amendment of pleadings, etc.

3. Affidavits

Sworn statements affirming the truth of facts pleaded.

4. Notices

Legal notices under Section 80 CPC, or contractual matters.

5. Petitions

For specific reliefs like writ petitions, guardianship, probate, etc.

6. Memorandum of Appeal / Revision / Review

Filed before higher courts challenging lower court orders.

—

🔹 Basic Structure of Civil Drafts

1. Title of the Court

2. Cause Title – Name and description of parties

3. Contents of the Pleading

Jurisdiction

Cause of action

Facts in chronological order

Reliefs sought

4. Verification

Signature and verification by the party

—

🔹 Principles of Good Drafting

Clarity and Brevity

Proper Formatting (as per court rules)

Use of Legal Language

Logical Sequence of Facts

No Argument in Pleadings (only facts)

—

🔹 Important Laws to Refer

Code of Civil Procedure, 1908

Indian Evidence Act, 1872

Limitation Act, 1963

Specific Relief Act, 1963

Relevant Local Court Rules

—

Would you like sample formats (e.g., plaint, written statement, injunction application)? I can provide editable templates.