[MEMORIAL ON BEHALF OF THE RESPONDENT ON BEHALF OF THE RESPONDENT] MOOT COURT, 2020Be, Schemes and Mind Maps of Chemistry

Download [MEMORIAL ON BEHALF OF THE RESPONDENT ON BEHALF OF THE RESPONDENT] MOOT COURT, 2020Be and more Schemes and Mind Maps Chemistry in PDF only on Docsity! 5.1 DRAFTING PLEADING & CONVEYANCING (A) Drafting : To draft = To draw up = To outline in the form of rough notes. (B) Pleading : (Definition, according to the Civil Procedure Code) Plaint or written statement. All statements are written statements. To Plead : To address the court as an advocate on behalf of the plaintiff or the defendant, i.e. client. Pleadings : Formal written statements, replies to the accusations made by the parties in a legal action. (C) Conveyancing : To convey = To give to somebody full legal rights in land or building = Real Property = Land and Buildings. Conveyance : A document conveying the property. The meaning of the word DRAFTING is to draft or to draw up or to outline in the form of rough notes, while PLEADING, according to the Civil Procedure Code, means a plaint, or a written statement. Therefore, all pleadings are written statements. To plead means to address the court as an advocate on behalf of the plaintiff or the defendant, i.e. client. Hence, pleadings mean formal written statements or replies to the accusations made by the parties in a legal action. The meaning of the word CONVEYANCING is to convey or to give to somebody full legal rights in land or building, which is called real property, and real property includes land and buildings. A conveyance means a document conveying the property. DRAFTING Meaning: The term ‘Draft’ means temporary or preparatory writing of any document for purposes of discussion and correction and which is afterward to be copied out in its final shape. Thus it is a rough sketch of a writing or document, from which final or fair copy is made. Importance of Drafting: Frequently lawyers have to draft legal documents for a matter that they are handling for a client. Such matters may be litigious (i.e. pleading, eg: plaint, written statement) or non litigious (a transaction i.e. conveyance and involve drafting a document such as a transfer, a contract, a will, a waiver and or an authority). These documents create rights and liabilities and are often the means of effecting the transaction. Improper drafting of conveyance can damage the interest of the client or may affect his title to immovable property. On the other hand if pleadings are not drafted carefully it can ruin the case of litigating party. Thus, drafting is an art and a skill, which every legal practitioner must possess. Drafting is the very soul of legal profession. Rules of Drafting: Fowler’s Five Rules of Drafting: Every writer who wishes to become a good draftsman should endeavour to be: • Direct • Simple • Brief • Vigorous • Lucid 5.2 Drafting Pleading & Conveyancing The principles referred to above may be translated into general in the domain of vocabulary as follows: (a) Prefer familiar word to far-fetched (familiar words are readily understood). (b) Prefer concrete word to abstract (concrete words make meaning more clear and precise). (c) Prefer single word to circumlocution (single word gives direct meaning avoiding adverb and adjective). (d) Prefer short word to long (short word is easily grasped). (e) Prefer Saxon word to Roman (use of Roman words may create complications to convey proper sense to an ordinary person to understand). 2) Sketch of the Draft Document: Every draftsman should prepare a sketch before drafting of any document, because without having knowledge of the matter to be incorporate in the document and all the requirement of the matter to be incorporate, he cannot progress with the document. So before going for drafting one must have a sketch of the draft document. 3) Skelton of draft document: After once decided the content and outline of the document the draftsmen must note down the points to be incorporate in the document. 4) Special Attention to be given to certain document: Certain documents require extra care, suppose document in which transfer of immovable property is involved it is necessary to ensure the perfect Title of the transferor in addition to this, the permissions required under deferent law which are to be obtain. General Rules of Drafting: Davidson has culled out some rules of drafting as follows: (i) Before a draft is begun the whole design should be conceived. (ii) Nothing should be omitted or admitted at random. (iii) A necessary result should never be stated. For example, if it is said that ‘A’ died leaving ‘B’ as his heir at law, it is absurd to add “him surviving” because unless ‘B’ survived ‘A’, ‘B’ would not be heir at law. (iv) Statements of negation should be avoided. For example, when the expression ‘tenants-in- common’ is used it need not be coupled with the expression “and not as joint tenants”. (v) The order of the draft should be logical. (vi) The ordinary and accustomed forms of instruments and technical language should be employed. (vii) Language should be, to the utmost possible extent, precise and accurate that is, every phrase should have a clear meaning and all the phrases should be so connected together as to give rise to no ambiguity. (viii) While the precedent should not be followed mechanically, at the same time, so long as the precedent is not contrary to or inconsistent with the object to be achieved it should be followed verbatim. It is not absolutely necessary in law to have all the formal parts that are usually drawn out in deeds so as to see that there will be sufficient words to declare clearly and legally the party’s meaning. But as these formal and orderly parts are calculated to convey that meaning in the clearest distinct, and most effectual manner and have been well considered and settled by the wisdom of successful ages, it is prudent not to depart from them without good reason or urgent necessity. 5.5Drafting Pleading & Conveyancing be properly called an expertise or technique which can be mastered by a person having knowledge of law coupled with practical experience and fairly sound knowledge of the language in which the document is to be prepared. The considerations that lie in front of a Conveyancer are that if he is called upon to draft an instrument to give effect, so far as the law allows, to a transaction which is outlined by a layman who probably has an indifferent knowledge of his own rights. Advantages of Conveyancing: The advantage of Conveyancing is that if the Deeds and Documentation is made or done systematically and meticulously it would put every Transaction embodied in it in its proper perspective. It would save lot of disputes between the parties and their successors and consequently it would save a lot of litigation. For example, the litigation in mofussils challenging alienations of properties by sale or mortgage is very common, while such litigation in a city like Bombay is microscopic as every transaction of immovable property in Bombay is done in a systematic method and the title of each property is examined almost meticulously. A systematic and correct documentation is necessary or atleast desirable to maintain discipline and uniformity in the practice of conveyancing and it also makes the Court’s job to interpret the transaction between the parties thereto or their successors more easy. Conveyancing may be described as a methodical system of drafting documents in accordance with the law relating to the transaction which the document represents or records. Conveyancing creates “uniformity when you can have it, diversity when you must have it, but in all cases, certainty.” If disputes or differences as to the meaning, construction or interpretation arise out of the provisions of any Deeds or Documents the responsibility would generally lie on the shoulders of the Conveyancer, Solicitor, Advocate, Draftsman, Deed-writer, Chartered Accountant, Company Secretary or other Professional responsible for the Drafting & Registration of respective Deeds & Documents. PLEADINGS Order VI of the Code deals with pleading in general. Pleading is treated as a foundation of the case. The general rule is that pleadings must be complete. However, a party can obtain leave from the Court to file additional pleadings. According to Mogha ‘pleadings are statements in writing drawn up and filed by each party to a case, stating what his contention will be at trial and giving all such details as his opponent needs to know in order to prepare his case in answer’. Abubakar Inamdar v. Harun Inamdar, (AIR 1996 SC 112) The Supreme Court observed that, pleadings are the foundation of the case. No amount of proof can substitute pleadings which are the foundation of the claim of a litigating party. 1. Meaning of pleading (Order VI, Rule 1): According to Order VI, Rule 1, “pleading” shall mean plaint or written statement. Order VI, Rule I, of the Code emphasizes that ‘ pleading’ means a plaint or a written statement. Thus a plaintiff’s pleading is his plaint, a statement of claim in which the plaintiff sets out his cause of action with all necessary particulars. The defendant’s pleading is his written statement, a defence in which the defendant deals with every material fact alleged by the plaintiff in the plaint and also states any new facts which are in his favour. 5.6 Drafting Pleading & Conveyancing Object of pleadings: Object of pleadings is as follows - 1. To intimate the intention of one party to another. 2. To ascertain real dispute between the parties. 3. To confine the parties to the litigation in a given case or to determine the real issue between the parties. Virendra v. Vinayak, (AIR 1999 SC 162) The Supreme Court observed that, the object of the rule of pleadings is two-fold - (1) To afford the other side intimation regarding the particular facts of his case so that they may be met by the other side; and (2) To enable the Court to determine what is really the issue between the parties. 2. Basic Rules of Pleading (Order VI, Rule 2): Sub-rule (1) of Rule 2 of Order VI lays down fundamental rules of pleading. I. Facts and not law: A pleading must state only facts and not law. The parties should only state the facts on which they rely for their claim or defence. It is always for the Court to find out and examine all pleas of law that may apply to the facts of the case. II. Material facts: The fundamental rule of pleading is that, every pleading shall contain only a statement of material facts on which party relies for his claim or defence. The expression ‘material facts’ has not been defined in the Code. In other words material facts are those facts which must be proved in order to establish the existence of a cause of action or defence. Virendra Nath v. Satpal Singh, (AIR 2007 SC 581) The phrase ‘material facts’ may be said to be those facts upon which a party relies for his claim or defence. In other words, ‘material facts’ are facts upon which the plaintiff’s cause of action or the defendant’s defence depends. What particulars could be said to be ‘material facts’ would depend upon the facts of each case and no rule of universal application can be laid down. It is, however, absolutely essential that all basic and primary facts which must be proved at the trial by the party to establish the existence of a cause of action or defence are material facts and must be stated in the pleading by the party. III. Facts and not evidence: It is also one of the important rules of pleading that, it must state only material facts but not evidence by which they are to be proved. Thus according to Rule 2 (1),”Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved”. Facts are of two types: 1. Facta Probanda; that is facts required to be proved (material facts) and 2. Facta Probantia; the facts by means of which they are to be proved (evidence). The pleading should contain the former but not the latter. IV. The facts should be stated in a concise form: The last general principal of pleading is that it should be drafted concisely. The material facts should be stated precisely and coherently. Unnecessary facts should be omitted. Due attention should be given while drafting the pleading. Other Rules of Pleadings: Besides the above mentioned Rules following Rules are also important. I. Every pleading shall be if necessary divided into paragraph (Order VI, Rule 2(2)). 5.7Drafting Pleading & Conveyancing II. Every pleading shall be numbered consecutively (Order VI, Rule 2(2)). III. Each allegation shall be contained in a separate paragraph (Order VI, Rule 2(2)). IV. Dates, sums and numbers shall be expressed in a pleading in figures as well as in words (Order VI, Rule 2 (3)). V. Where misrepresentation, fraud, breach of trust, willful default or undue influence is pleaded in the pleadings, particulars with date and items should be stated (Order VI, Rule 4). VI. Non performance of a condition must be specifically and expressly pleaded (Order VI, Rule 6). VII. Without amendments new grounds of claim cannot be raised in pleading (Order VI, Rule 7). VIII. Where a contract is alleged in any pleading then its denial by the opposite party is construed only as a denial in fact of the express contract alleged or of the matters of fact from which the same may be implied, and not as a denial of the legality or sufficiency in law of such contract (Order VI, Rule 8). IX. The contents of the document are to be stated as briefly as possible in the pleading, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material (Order VI, Rule 9). X. Wherever it is material to allege malice, fraudulent intention, knowledge or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred (Order VI, Rule 10). XI. Wherever it is material to allege notice to any person of any fact, matter or thing it shall be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred, are material (Order VI, Rule 11). XII. Whenever any contract or any relation between any persons is to be implied from a series of letters or conversations or otherwise from a number of circumstances, it shall be sufficient to allege such contract or relation as a fact, and to refer generally to such letters, conversations or circumstances without setting them out in detail. And if in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative (Order VI, Rule 12) XIII. Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side unless the same has first been specifically denied e.g. (consideration for a bill of exchange where the plaintiff sues only on the bill and not for the consideration as a substantive ground for claim). Signing and Verification of Pleading: 1. Pleading to be signed (Rule 14): Every pleading shall be signed by the party and his pleader if any. It is to be noted that the signing of pleading is merely a matter of procedure. If the plaint is not signed by the plaintiff or by a person duly authorized by him in that behalf, and the defect is discovered at any time before the judgment, the Court may allow the plaintiff to amend the plaint by signing the same. 2. Verification of pleadings (Order VI, Rule 15): Every pleading should be verified by the party or by one of the parties pleading the case. Pleading may even be verified by some other person proved to the satisfaction of the Court to be acquainted to the facts of the case. It is not necessary that pleading should be signed and verified by all the parties thereto. 5.10 Drafting Pleading & Conveyancing father, Shri X____Y___Z, age 56 years, ) Applicant, etc. occupation - service, resident of _ ) _______________________) ) If the party is a jural person, then M/s Anand Builders, a partnership ) firm registered under the Indian ) Plaintiffs/ Partnership Act 1932, having its ) Applicants, etc. office at ____________________acting ) through its partner, Shri STD, age ) 35 years, occupation - business, ) resident of .______________________ ) Body: (a) OPENING: (i) The plaintiff abovenamed submits this plaint, praying to state as follows: (ii) The applicant abovenamed submits this application, praying to state as follows: (iii) The petitioner abovenamed submits this petition, praying to state as follows: (iv) The complainant abovenamed submits this complaint, praying to state as follows: (v) So on and So on, Except in respect of an appeal. (b) The paragraphs should be numbered consecutively. (c) The first two/three paragraphs should contain the particular things e. g. Suit for Immovables: 1. Description of Property: All that piece and parcel of land situate within the Registration Division & District Pune, Sub-Division & Taluka Haveli, within the local limits of the Pune Municipal Corporation, revenue village Kothrud, bearing Gat/CTS No. 700, admeasuring 2 hectares or thereabouts, and bounded by as follows: (Boundaries On or towards the East _ CTS No. 701, should be On or towards the South _ CTS No. 705 mentioned On or towards the West _ Public Road, and Clockwise) On or towards the North _ Nullah. If appurtenance, then (to add the following words) - together or along with a two-storeyed old building standing thereon. e.g. Suit for Partition: The first paragraph must contain pedigree. Pedigree means family history, family tree or genealogy. 5.11Drafting Pleading & Conveyancing 1. The Pedigree: That the pedigree is as follows: F (Defendant No. 1) M (Defendant No. 2) S1 (Plaintiff) S1 (Defendant No. 3) That the defendant No. 1 is the father of the plaintiff and the defendant No. 3 and husband of the defendant No. 2, while the defendant No. 2 is the mother of the plaintiff and the defendant No. 3, and the plaintiff and the defendant No. 3 are full/real brothers. 2. The Description of Property: e.g. Suit for Matrimony: 1. Date, form and place of marriage. 2. The names of the parties prior to marriage. e.g. Suit for Tenancy: 1. Description of property. 2. Terms and conditions of tenancy. 3. Narration of facts giving rise to the cause of action. e.g. Suit for Money Claim: Particulars of Money Claim: Rupees (A) Amount of Loan _ _ 2,00,000/- (B) Amount of Interest @ From _______ To ____ 18% p.a. _ 19,000/- (C) Notice Charges _ _ 1,000/- (D) Total Amount Due and Claimed _ _ 2,20,000/- (E) Less Amount Received _ _ NIL (F) Net Amount Due and Claimed _ 2,20,000/- Then, come the following clauses: Cause of action and limitation $ Jurisdiction of the Court $$ Court-fee, etc. Prayer Clause. 5.12 Drafting Pleading & Conveyancing Rules 1 to 8 of Order 7 relate to particulars in a plaint. 1. Particulars to be contained in plaint (Order VII, Rule 1): Every plaint shall contain the following particulars. 1. The name of the Court in which the suit is brought, (Rule 1 (a)); 2. The name, description and place of residence of the plaintiff, (Rule 1 (b)); 3. The name, description and place of residence of the defendant, so far as they can be ascertained, (Rule 1 (c)); 4. Where the plaintiff or defendant is a minor or a person of unsound mind a statement to that effect, (Rule 1 (d)); 5. The facts constituting the cause of action and when it arose, (Rule 1 (e)); 6. The facts showing that the Court has jurisdiction, (Rule 1 (f)); 7. The relief which the plaintiff claims, (Rule 1 (g)); 8. Where the plaintiff has allowed a set off or relinquished a portion of his claim, the amount so allowed or relinquished, (Rule 1 (h)); and 9. A statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of Court fees so far as the case admits. (Rule 1 (I)). Return of plaint (Order 7, Rules 10, 10 A and 10B): Return of plaint can be discussed as under: 1. Return of plaint and Procedure on returning plaint (Rule 10): (1) Subject to the provisions of Rule 10A, the plaint shall at any stage of the suit be returned to be presented to the Court in which the suit should have been instituted. Explanation: For the removal of doubts, it is hereby declared that a Court of appeal or revision may direct, after setting aside the decree passed in a suit, the return of the plaint under this sub-rule. (2) On returning a plaint the judge shall endorse thereon the date of its presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it. 2. Power of a Court to fix a date of appearance in the Court where plaint is to be filed its return (Rule 10 A): (1) Where, in any suit, after the defendant has appeared, the Court is of opinion that the plaint should be returned, it shall, before doing so, intimate its decision to the plaintiff. (2) Where an intimation is given to the plaintiff under sub-rule (1), the plaintiff may make an application to the Court- (a) specifying the Court in which he proposes to present the plaint after its return, (b) Praying that the Court may fix a date for the appearance of the parties in the said Court, and (c) Requesting that the notice of the date so fixed may be given to him and to the defendant. (3) Where an application is made by the plaintiff under sub-rule (2), the Court, shall, before returning the plaint and notwithstanding that the order for the return of the plaint was made by it on the ground that it has no jurisdiction to try the suit, - (a) fix a date for the appearance of the parties in the Court in which the plaint is proposed to be presented, and (b) give to the plaintiff and to the defendant notice of such date for appearance. (4) Where the notice of the date for appearance is given under sub-rule (3), - (a) it shall not be necessary for the Court in which the plaint is presented after its return, to serve the defendant with a summons for appearance in the suit, unless that Court, for reasons to be recorded, otherwise directs, and 5.15Drafting Pleading & Conveyancing MISJOINDER Misjoinder = Wrongly joined; Amiss Misjoinder of Plaintiffs: Where there are more plaintiffs than one, the provisions of the present rule apply. Persons may be joined as plaintiffs for the same act or transaction where there is a common question of law or fact. Otherwise, they must bring separate suits. Objection on the ground of misjoinder or non-joinder is not fatal to the suit. Misjoinder of Defendants: When the right to relief exists against each of them from the same transaction. Misjoinder of Causes of Action: Multifarious = Claims founded on several causes of action. NON-JOINDER Necessary or proper parties are not joined. Necessary parties are those against whom the relief is claimed. If a non-joinder, it is only irregular but it is not illegal. Where a person who is a necessary party to a suit is not joined as a party to the suit, the case is one of non-joinder. The objection for non-joinder should be taken before the first hearing, and the plaint may be amended by adding the omitted party either as plaintiff or as defendant. However, no person can be added as a plaintiff, though he can be added as a defendant, without his consent. The relevant provisions of the Code of Civil Procedure 2002 are as follows: ORDER I PARTIES TO SUITS 1. Who may be joined as plaintiffs: All persons may be joined in one suit as plaintiffs where: (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and (b) if such persons brought separate suits, any common question of law or fact would arise. 2. Power of Court to order separate trials: Where it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to their election or order separate trials or make such other order as may be expedient. 3. Who may be joined as defendants: All persons may be joined in one suit as defendants where: (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist against such persons, whether jointly, severally or in the alternative; and (b) if separate suits were brought against such persons, any common question of law or fact would arise. 3-A. Power to order separate trials where joinder of defendants may embarrass or delay trial: Where it appears to the Court that any joinder of defendants may embarrass or delay the trial of the suit, the Court may order separate trials or make other orders as may be expedient in the interests of justice. 4. Court may give judgment for or against one or more of joint parties: Judgment may be given without any amendment: 5.16 Drafting Pleading & Conveyancing (a) for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to; (b) against such one or more of the defendants as may be found to be liable, according to their respective liabilities. 5. Defendant need not be interested in all the relief claimed: It shall not be necessary that every defendant shall be interested as to all the relief claimed in any suit against him. 6. Joinder of parties liable on the same contract: The plaintiff may, at his option, join as parties to the same suit all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange, hundies and promissory notes. 7. When plaintiff in doubt from whom redress is to be sought: Where the plaintiff is in doubt as to the person from whom he is entitled to obtain redress, he may join two or more defendants in order that the question as to which of the defendants is liable, and to what extent, may be determined as between all parties. 8. One person may sue or defend on behalf of all in the same interest: (1) Where there are numerous persons having the same interest in one suit - (a) one or more of such persons may, with the permission of the Court, sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested; (b) the Court may direct that one or more of such persons may sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested. (2) The Court shall, in every case where a permission or direction is given under sub-rule (1), at the plaintiff’s expense, give notice of the institution of the suit to all persons so interested, either by personal service, or, where, by reason of the number of persons or any other cause, such service is not reasonably practicable, by public advertisement, as the Court in each case may direct. (3) Any person on whose behalf, or for whose benefit, a suit is instituted, or defended, under sub-rule (1), may apply to the Court to be made a party to such suit. (4) No part of the claim in any suit shall be abandoned under sub-rule (1), and no such suit be withdrawn under sub-rule (3) of rule 1 of Order XXIII, and no agreement, compromise or satisfaction shall be recorded in any such suit under rule 3 of that Order, unless the Court has given, at the plaintiff’s expense, notice to all persons so interested in the manner specified in sub-rule (2). (5) Where any person suing or defending in any such suit does not proceed with due diligence in the suit or defence, the Court may substitute in his place any other person having the same interest in the suit. (6) A decree passed in a suit under this rule shall be binding on all persons on whose behalf, or for whose benefit, the suit is instituted, or defended, as the case may be. Explanation: For the purpose of determining whether the persons who sue or are sued, or defend, have the same interest in one suit, it is not necessary to establish that such persons have the same cause of action as the persons on whose behalf, or for whose benefit, they sue or sued, or defend the suit, as the case may be. 8-A. Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings: While trying a suit, the Court may, if satisfied that a person or body of persons is interested in any question of law which is directly and substantially in issue in the suit and that it is necessary in the public interest to allow that person or body of persons to present his or its opinion on that question of law, permit that person or body of persons to present such opinion and to take such part in the proceedings of the suit as the Court may specify. 5.17Drafting Pleading & Conveyancing 9. Mis-joinder and Non-joinder: No suit shall be defeated by reason of the mis-joinder or non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it: Provided that nothing in this rule shall apply to non-joinder of a necessary party. 10. Suit in the name of wrong plaintiff: (1) Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied with that the suit has been instituted through a bonafide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just. (2) Court may strike out or add parties: The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. (3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a plaintiff under any disability without his consent. (4) Where defendant added, plaint to be amended - Where a defendant is added, the plaint shall, unless the Court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the Court thinks fit, on the original defendant. (5) Subject to the provisions of the Indian Limitation Act 1877, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons. 10-A. Power of Court to request any pleader to address it: The Court may, in its discretion, request any pleader to address it as to any interest which is likely to be affected by its decision on any matter in issue in any suit or proceedings, if the party having the interest which is likely to be so affected is not represented by any pleader. 11. Conduct of suit: The Court may give the conduct of a suit to such person as it deems proper. 12. Appearance of one of several plaintiffs or defendants for others: (1) Where there are more plaintiffs than one, any one or more of them may be authorised by any other of them to appear, plead or act for such other in any proceeding; and in like manner, where there are more defendants than one, any one or more of them may be authorised by any other of them to appear, plead or act for other in any proceeding. (2) The authority shall be in writing signed by the party giving it and shall be filed in the Court. 13. Objections as to non-joinder or mis-joinder: All objections on the ground of non-joinder or mis-joinder of parties shall be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such settlement, unless the ground of objection has subsequently arisen, and any such objection not so taken shall be deemed to have been waived. A Suit for Partition From the time immemorial, the joint family was the fundamental concept of Hindu society. Every Hindu family is presumed, under law, to be a joint family. Even if the members are working at different places, they are presumed by courts to be a joint family. 5.20 Drafting Pleading & Conveyancing 10. Procedure when party fails to present written statement called for by Court (Order VIII, Rule 10): Where any party from whom a written statement is required under Rule 1 or Rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment, a decree shall be drawn up. SPECIAL LEAVE PETITION Meaning: Special leave petition (SLP) means that an individual takes special permission to be heard in appeal against any high court/tribunal verdict. Thus it is not an appeal but a petition filed for an appeal. So after an SLP is filed, the Supreme Court may hear the matter and if it deems fit, it may grant the ‘leave’ and convert that petition into an ‘appeal’. SLP shall then become an Appeal and the Court will hear the matter and pass a judgment. Thus under Article 136 of the Constitution of India any person aggrieved by any judgment, decree, determination or order in any cause or matter passed or made by any Court or Tribunal in the territory of India may appeal to the Supreme Court of India. The Rules Governing SLP are contained in order XVI of the Supreme Court Rules 1966. Under the said Rules, SLP can be filed against either the Order of High Court rejecting petition for Leave to Appeal to Supreme Court of India; i.e., on High Court refusing to grant Certificate of Fitness for Leave to Appeal to Supreme Court or against the Order/Judgment itself. Procedure for filing Special Leave Petition (SLP) Time Limit: • It can be filed against any judgment of a high court within 90 days from the date of judgment, or • It can be filed within 60 days against the order of a high court refusing to grant the certificate of fitness for appeal to Supreme Court. Contents: The petition should state succinctly and clearly all facts as may be necessary to enable the Court to determine whether SLP ought to be granted or not. The petition should be signed by Advocate on record of the Petition. The petition should contain statement as to whether the petitioner had filed any petition in the High Court for Leave to appeal to Supreme Court or not. The petition should also contain a statement that no other SLP has been filed by the Petitioner against the Order appealed. The petition should be accompanied by a certified copy of the judgment appealed against and an affidavit of Petitioner verifying the petition. The annexures to the Petition; i.e., Exhibits to the Petition should be certified copies of documents which had formed part of the record in the High Court. If the certified copies are not available, uncertified copies can be filed and an affidavit verifying the Annexures as true copy should also be filed. The petitioner has to file seven copies of the petition. The petition is required to be filed on white paper and not on green ledger paper. The petition should be cyclostyled, if possible, typed or printed. Affidavit: Affidavit verifying the petition is required to be filed along with the SLP. The affidavit should be typed on plain white paper; Affidavit verifying the uncertified copies of the Exhibits/Annexures should be filed; 5.21Drafting Pleading & Conveyancing If the petition is filed beyond 60/90 days the affidavit should be filed explaining the time taken for obtaining certified copy and/or the reason for delay. Interim relief: If any interim relief is required a separate application should be filed giving facts and circumstances as to why interim relief is sought from the Court. Vakalatnama: The petitioner should appoint an Advocate on record in New Delhi and send a Vakalatnama in favour of the proposed Advocate on record who will be filing the SLP CAVEAT Right to Lodge a Caveat: 1. The provision is made under section 148-A of the Civil Procedure Code. 2. It is a process to suspend proceedings. 3. It is a remedy against ex parte orders. 4. Right to appear in the Court on the hearing of such application. 5. The caveator shall serve a notice (copy of the caveat application) by registered post acknowledgement due on the caveatee. 6. The Court shall serve a notice on the caveator. It is a condition precedent for passing any interim orders against the caveator who is going to be affected by such orders, if passed. 7. The caveat shall not remain in force after the expiry of 90 days from the date of its lodging. 8. The section 148-A reads as follows: (1) Where an application is expected to be made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof. (2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been, or is expected to be, made under sub-section (1). (3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court shall serve a notice of the application on the caveator. (4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator, at the caveator’s expense, with a copy of the application made by him also with copies of any paper or document which has been, or may be, filed by him in support of the application. (5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period. (6) Reasons and Objects: Under the Code, sometimes a party obtains an ex parte order on an application without informing the other party of his intention to make such an application. Where a party, with a view to preventing such ex parte orders being passed, intimates to the Court of his intention to have notice of an intended application by the adverse party, he may be authorised to do so. New section 148-A is being inserted to provide for a caveat. (7) The Committee feel that where a caveat has been lodged under sub-section (1) of the proposed new section 148-A, such caveat should not remain in force indefinitely 5.22 Drafting Pleading & Conveyancing and a time-limit of ninety days should be prescribed. The clause has been amended accordingly. CONVEYANCING DEEDS Deed Poll Indenture (1) Unilateral (1) Multilateral (2) Written in the (2) Written in the First Person Third Person (a) Affidavits (a) Agreement to Sell (b) Power of Attorney (b) Sale-Deed (i) Special Power of Attorney (c) Gift-Deed (ii) General Power of Attorney (d) Adoption-Deed (e) Partnership-Deed Uni = One; Multi = Many (f) Partition-Deed Lateral = Sides. (g) Mortgage-Deed (h) Lease Deed PARTIES TO THE DEEDS: (i) Affidavit _ Affiant (ii) Power of Attorney _ Principal - Attorney (iii) Will/Codicil _ Testator/Testatrix - Beneficiary (iv) Sale _ Vendor - Purchaser (v) Gift _ Donor - Donee (vi) Adoption _ Natural Father - Natural Mother - Adoptive Father (vii) Partnership _ Party Numbers (viii) Partition _ Party Numbers (ix) Mortgage _ Mortgagor - Mortgagee (x) Lease _ Lessor - Lessee To convey means to give to somebody full legal rights in land or building, i.e. Real Property = Land and Building. Conveyance = a document conveying property. A conveyance can be divided into the following parts: 1. Title, Place and Date. 2. Parties, e.g. Vendor and Purchaser. 3. Recitals - Narrative: All the facts should be recited to show the title to the property: Starting with the Word WHEREAS (means considering that). 4. Consideration - (i) Earnest Money, (ii) Balance of Purchase-Price or Remainder of Consideration. 5. Receipt - by the Vendor unto the Purchaser. 5.25Drafting Pleading & Conveyancing existing or further debt or the performance of an agreement which may give rise to a pecuniary liability. The principal money and interest of which the payment is secured for the time being are called mortgage-money, and the instrument by which the transfer is effected is called a mortgage- deed. 2. Section 58 (b) defines a simple mortgage as, “Without delivering the possession of the mortgage property, the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly, that in the event of his failing to pay according to the contract, the mortgagee shall have a right to cause the mortgaged property to be sold for the satisfaction of the mortgaged debt. Such a mortgage is called a simple mortgage”. 5.26 Drafting Pleading & Conveyancing DRAFTING PLEADING & CONVEYANCING MULTIPLE CHOICE QUESTIONS 1. According to Order VII, Rules 1 to 8, the plaint must contain statements relating to the following: a. If the plaintiff sues in representative character, a statement to that effect, b. If the plaintiff or the defendant is a minor or a person of unsound mind, a declaration of the effect, c. The cause of action with full details including the date on which the cause of action arose, d. All above. Ans. (d) 2. Plaint is ____ a. Narration of entire grievance of the applicant, b. the pleading of the plaintiff, c. the pleading of the defendant, d. Only (a) and (b) above. Ans. (d) 3. "Pleading" means — a. Plaint, b. Written Statement, c. Arguments, d. Both (a) and (b) above. Ans. (d) 4. According to Order VI, Rule 2 of C.P.C., the pleadings must state a. Both facts and law, b. All material facts and material facts only, c. The facts concisely but with precision and certainty, d. All above except (a). Ans. (d) 5. An amendment to the pleadings may be allowed— a. At any stage of proceedings, b. At any stage of proceedings but before passing of the judgment, c. Only after the pleading of the adversary are filed, d. Before the evidence of parties is recorded. Ans. (b) 6. "Plaint" may be correctly described as- a. A report about a civil wrong caused to a person by another person made to the Court, b. An application made to police station in writing about a civil wrong caused to the applicant by another person, c. An application made to the civil Court in writing about a. civil wrong caused to the applicant by another person, d. An application made to the Magistrate in writing about a wrong caused to the applicant by another person Ans. (c) 7. Mark the incorrect statement— a. The narration of grievance by the plaintiff is known as written statement, b. A suit is instituted by presentation of plaint, c. The person who presents the plaint is called plaintiff, d. The person against whom claim is made is called defendant. Ans. (a) 8. The purpose of pleading is— a. To give fair notice to each party of the case of opponent in order to prevent surprise at hearing, b. To cause delay, c. To clearly understand what the case of each party is, d. To narrow down the dispute between the plaintiff and the defendant to definite points. Ans. (b) 5.27Drafting Pleading & Conveyancing 9. Which of the following grounds is sufficient for rejection of plaint— a. The suit is undervalued, b. The plaint is insufficiently stamped, c. The Court before which it is presented is not vested with the pecuniary jurisdiction, d. Both (a) and (b) above. Ans. (d) 10. Which provision of C.P.C. deals with set off — a. Order VIII, Rule 1, b. Order VII, Rule 6, c. Order VI, Rule 6, d. Order VIII, Rule 6. Ans. (d) 11. The inquiry is conducted by— a. The police officer to collect the evidence for the prosecution of the case, b. By any other person authorized by t h e Magistrate, c. The Magistrate to find out the truth or falsity of the alleged facts so as to take further action, d. The High Court. Ans. (c) 12. Pleading may be described as— a. The statements in writing of the parties to a suit setting out their contentions, claims and counter claims, b. The statement of civil wrong caused to the plaintiff on which assistance of the Court is Sought, c. The reply of defendant to the accusations made against him in the plaint, d. All above. Ans. (d) 13. In terms of Order VIII, Rule 1 of C.P.C., the defendant must file his written statement— a. Within ninety days from the date of service of summons on him, b. Within sixty days from the date of service of summons on him, c. Within thirty days from the date of service of summons on him, d. Within fifteen days from the date of service of summons on him. Ans. (c) 14. Cause Title of a plaint must contain— a. Full name, age, occupation and complete postal address of the plaintiff and defendant, b. If a Corporation sues or is sued, its name and complete postal address of place of its business must be given, along with the name of the Authority through whom the suit is filed or through whom the suit is to be defended, c. In a suit by or against a minor or lunatic, the name of the next friend or the guardian must be mentioned, d. All above. Ans. (d) 15. The purpose of set-off is to- a. Obviate the necessity of a fresh suit by the defendant, b. Compel the defendant to give further particulars, c. Give an opportunity to the defendant to state his claim against the plaintiff, d. Know if the plaintiff owes some amount to the defendant. Ans. (a) 16. "Bail" means— a. Release of a person from legal custody, b. A security for the appearance of a person at the specified time and place to meet the accusation made against him, c. A conditional release of an accused with assurance of his presence at the inquiry or trial, d. All of above. Ans. (d) 17. If the plaintiff or the defendant desires to amend his pleadings, he may do it with the permission of— 5.30 Drafting Pleading & Conveyancing or Court, other than the trial, c. Both (a) and (b) above, d. Neither (a) nor (b). Ans. (a) 36. 36. Written statement is the— a. Pleading of the defendant, b. Pleading of the plaintiff, c. Pleading of witnesses, d. All above. Ans. (a) 37. The compounding— a. Is always between the parties and requires permission of Court, b. Has the effect of acquittal of the accused with whom the offence has been compounded, c. Once made cannot be revoked, d. All above are correct. Ans. (d) 38. Pleadings must be signed— a. By the party, b. By the pleader of the party, c. By the party as also by his pleader, d. Need not be signed. Ans. (c) 39. Issues are— a. The points on which the litigants differ with each other and make contradictory statements, b. Ascertained from the pleadings of the rival parties, c. The points on which the Court pronounces judgment, d. All above. Ans. (d) 40. The power to grant anticipatory bail is vested with— a. The High Court, b. The Court of Sessions, c. The Court, of Judicial Magistrate First Class, d. Only High Court and Court of Sessions. Ans. (d) 41. The term "counter-claim" occurs in of C.P.C. a. Order V, Rule 6, b. Order VI, Rule 6, c. Order VII, Rule 6, d. Order VIII, Rule 6-A to 6-G. Ans. (d) 42. The essentials of injury are — a. Harm caused to any person, b. Such harm must have been caused illegally, c. The harm may relate to body, mind, reputation or property of such person, d. All above. Ans. (d) 43. Mark the incorrect statement in relation to signing of the pleadings— a. If a person is unable to sign due to illiteracy, his thumb mark shall be his valid signature, b. If a person can write his name only, his initials would suffice, c. If a party is unable to sign due to absence, the pleadings may be signed by any person duly authorized by him to sign or to sue or to defend on his behalf, d. None of above. Ans. (d) 44. Presumption of innocence is in favour of the accused which means that— a. An accused is supposed to be innocent till he is proved guilty, b. An accused is innocent unless the offence is proved beyond doubt, c. Both (a) and (b) above, d. None of above. Ans. (c) 45. When the defendant does not accept a claim made in the plaint and contradicts it— a. It is termed as "denial" b. It is termed as "admission", c. It is termed as "amendment" 5.31Drafting Pleading & Conveyancing d. It is termed as "challenge". Ans. (a) 46. The description of a conveyance deed ___ a. Is given on the top of deed, b. Is usually written in capital letters, c. Gives the description of the deed, d. All above are correct. Ans. (d) 47. If the punishment imposable by law is death, life imprisonment or imprisonment for a term exceeding two years, the case is— a. Warrant case, b. Summons-case, c. Either warrant case or summons case, d. Either warrant case or summons case at the discretion of the Court. Ans. (a) 48. According to Order VI, Rule 9 of C.P.C. a. The language or the contents of a document need not be set out in the pleadings, only the effect thereof must be stated, b. The language or the contents .of a document must be reproduced in the pleadings for ready reference of the Court, c. The language or the contents of a document need not be reproduced in the pleadings, unless the precise words of the document are material, d. Both (a) and (c) above are correct. Ans. (d) 49. If any of the following pleas are available to the defendant, he must raise in his written statement a. Estoppel, b. Res Judicata, c. Set off and counter claim, d. All above. Ans. (d) 50. An application for amendment of pleadings may be granted, if— a. It causes irreparable injury to the opposite party, b. It is not necessary for determining the real question in dispute between the parties, c. It takes away from the other side a legal right accrued in his favour, d. It would not change or alter the basic character of the suit. Ans. (d) 51. When the person against whom offence has been committed is prepared not to prosecute the accused, it is called— a. Compounding of offence, b. Confession, c. Discharge, d. Acquittal, Ans. (a) 52. After the accused is called upon to enter his defence or a charge against him is prima facie made out by the prosecution, the Court may— a. Convict him, b. Acquit him, c. Discharge him, d. Either convict him or acquit. him but cannot discharge him. Ans. (d) 53. When there are several plaintiffs, the plaint a. Should be signed by all of them, b. May be signed by any one of them, c. Must be signed by the plaintiff whose name appears first, d. Must be signed by the pleader alone. Ans. (a) 54. Order VI, Rule 14-A directs to provide the address for service of notice and— a. The same must accompany the pleadings of the party under his signature, b. If the address filed by the plaintiff is found to be incomplete or false or fictitious, the Court may order to stay 5.32 Drafting Pleading & Conveyancing the suit, c. If the address filed by defendant is found to be incomplete or false or fictitious, the Court may order to strike-out the name of the defendant, d. All above are correct. Ans. (d) 55. The body of the plaint contains— a. Entire grievance of the plaintiff and his claim, b. How and in what manner the rights of the plaintiff were injured, c. Entire description in first person, d. Only (a) and (b) above. Ans. (d) 56. Following protections are available to the accused: a. Protection against double jeopardy, b. Presumption of innocence, c. Protection against self-incrimination, d. All above. Ans. (d) 57. Prayer clause concludes the plaint and contains only the reliefs prayed for— a. Incorrect, because the prayer clause also incorporates the names of the litigating parties, b. Incorrect, because payer clause is followed by signature and verification, c. Incorrect, because prayer clause contains the name of the Court from which relief is being sought, d. Correct. Ans. (d) 58. The following are the fundamentals of the art of conveyancing— a. The draftsman should essentially be the master of the law, possessing sound and clear knowledge of law, substantive as well as procedural, b. Every material fact should be stated in the deed of conveyance, c. A deed of conveyance should be precise and brief, and unnecessary repetition of the fact or statement about the thing should be avoided, d. All above are correct. Ans. (d) 59. Which of the following statements is wrong— a. In a suit for recovery of money, whether the money was lent to the defendant on his own request, is a material fact, b. In a suit filed on the basis of title, the source of title is a material fact, c. In a suit for fraud, full details thereof with date, time, place and the manner in which it was practiced, are material facts, d. In a suit for damages for defamation, the slanderous words spoken, and when, by whom and at what place they were spoken, is a material fact. Ans. (a) 60. If the punishment imposable by law is the imprisonment of two years or less, the case is— a. Warrant case, b. Summons-case, c. Either warrant case or summons case, d. Either warrant case or summons case at the discretion of the Court. Ans. (b) 61. Which provision of C.P.C. prescribes the period within which the defendant must file his written statement— a. Order VIII, Rule 4, b. Order VIII, Rule 1, c. Order VII, Rule 1, d. Order VI, Rule 1, Ans. (b) 62. Which of the following statements is correct— a. A cognizable offence is that offence for which a police officer may arrest the offender without warrant, b. A non-cognizable offence is that offence 5.35Drafting Pleading & Conveyancing c. Both the suits are independent, but are tried together and the Court pronounces judgment in respect both, d. All above. Ans. (d) 79. As regards the deed of conveyance— a. The draftsman of the deeds must have a clear conception of the intentions of the parties to the documents as also a sound knowledge of law on the subject, b. Each and every word, spelling, coma, full-atop etc. employed in the deed has got its distinct meaning, c. To make it admissible in law, it must be registered, d. All above are correct. Ans. (d) 80. Mark the incorrect statement— a. Plaint may be divided into five parts viz. heading, cause title, body, prayer clause, and signature and verification, b. The heading is given on the top of the plaint and comprises the name of the Court before which plaint is filed, c. The cause title comprises the names and particulars of the plaintiff and the defendant, d. Prayer clause is not an essential part of the plaint. Ans. (d) 81. The term "set-off' means— a. Mutual discharge of debts, b. Reciprocal satisfaction of the claim of plaintiff and the defendant against each other, c. Cross claim of plaintiff and defendant to be reciprocally discharged, d. All above. Ans. (d) 82. The term "trial" a. Means the examination of the cause before a judge who has jurisdiction over it, b. Covers all proceedings which are conducted in a Court and in which the Court is empowered to convict or acquit the accused, c. Is a judicial proceeding which ends in conviction or acquittal of the accused, d. All above are correct. Ans. (d) 83. A counter claim— a. Is essentially and substantially a cross- action of the defendant, b. Is a cause of action accruing to defendant against the plaintiff, c. May be set up by the defendant only in respect of a claim for which he can file an independent suit, d. All above. Ans. (d) 84. When the pleadings of plaintiff are incomplete or defective, the defendant may apply for a. Further and better particulars, b. Striking out or amending of the objectionable portion of the opponent's pleadings, c. Rejection or withdrawal of plaint, d. Option (a) and (b) are correct but option (c) is not, for the reason that only rejection of plaint may be applied for. Ans. (d) 85. In his written statement, the defendant may— a. Bring out new facts, which are not pleaded by the plaintiff in his plaint, b. Attack the suit on the ground of limitation, c. Plead any payment, performance, or facts showing illegality, d. Any one or more of above. Ans. (d) 5.36 Drafting Pleading & Conveyancing 86. An accused is a person against whom an accusation of breaking of a law has been made— a. True, b. False. Ans. (a) 87. Pleading must state the facts concisely, which means that— a. Unnecessary and immaterial facts should be omitted, b. Material facts must be pleaded with brevity, c. Repetitions must be avoided, d. All above. Ans. (d) 88. A statement in respect of following shall not be made in the plaint— a. The law, b. Jurisdiction of Court, c. Name of Court in which the suit is brought, d. The cause of action. Ans. (a) 89. Under what circumstances, a plaint shall be returned and not rejected— a. If the Court before which the plaint is presented, lacks the jurisdiction on the subject-matter of the suit, b. If the plaint is not filed in duplicate, c. If the plaint is signed by an unauthorized person, d. If the plaint does not disclose any right vesting in the plaintiff or any infringement of such right. Ans. (a) 90. Like a plaint, the body of the written statement may also be divided in five parts viz. heading, cause title, body of written statement, prayer clause, and signature and verification— a. True, b. False. Ans. (a) 91. Mark incorrect statement— a. Verification is made by the plaintiff at the foot of the plaint, b. The verification must be signed by the plaintiff or his pleader, c. The plaintiff must be identified by the counsel, d. Verification contains full particulars of the person making it. Ans. (b) 92. In relation to deed of conveyance, "recitals" are— a. The statements made in the deed to explain or lead up to the operative part, b. The statements explaining the reason for creation of the deed, c. Both (a) and (b), d. None of above. Ans. (c) 93. In a plaint, it is essential to make a statement in respect of following— a. Name, description and place of residence of plaintiff and defendant, b. Limitation and any exemption from law of limitation, c. Any Set-off or relinquishment, d. All above. Ans. (d) 94. Which of the following statements is incorrect in relation to rejection of a plaint on the grounds enumerated in Order VII a. After rejection of plaint, the plaintiff is barred from bringing a fresh suit on the same cause of action, b. The order rejecting the plaint shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action, c. The order rejecting the plaint shall be deemed to be a decree, d. The order rejecting the plaint may be appealed against. Ans. (a) 5.37Drafting Pleading & Conveyancing 95. A plaint shall be rejected on following grounds — a. If it does not bring out any cause of action, b. If the suit is barred by limitation, c. Both (a) and (b), d. Neither (a) nor (b). Ans. (c) 96. The jurisdiction of Court must be specifically stated in the plaint— a. Correct, because lack of jurisdiction renders the Court incompetent of entertaining and deciding the suit brought before it, b. Correct, because if the suit is decreed, such decree shall be void and incapable of execution, c. Incorrect, because it is duty of the Court to ascertain whether or not it is vested with the jurisdiction, hence a statement to that effect is irrelevant, d. Only (a) and (b) above. Ans. (d) 97. It is necessary that the plaint manifestly shows the value of suit— a. Correct, because the value of the suit is required for the purposes of ascertaining the pecuniary jurisdiction of the Court, b. Correct, because the value of the suit is required for the purposes of determination of Court-fee payable by the plaintiff, c. Correct, because the value of the suit is required for the purposes of ascertaining the pecuniary jurisdiction of the Court as also for determination of Court-fee payable by the plaintiff, d. Incorrect, because value of suit is nothing to do with the jurisdiction or Court fee. Ans. (c) 98. Accomplice — a. Means a partner in the crime, b. Means any person who is supposed to have been directly or indirectly concerned in an offence or is privy to an offence, c. Both (a) and (b) above, d. Neither (a) nor (b). Ans. (c) 99. A conveyance deed may be defined as— a. An instrument executed by the parties to a transaction to authenticate the transaction, which is signed, sealed and delivered by the parties, b. A legal document executed by the parties to authenticate a transaction between them, it is signed, sealed and delivered by the parties, c. Both (a) and (b), d. Neither (a) nor (b). Ans. (c) 100. Full description/particulars of the following must be given in the plaint— a. Full particulars of misrepresentation, fraud, breach of trust, willful default or undue influence, if the plaintiff relies on any of them, b. Full description of immovable property along with its boundaries and survey numbers, if the subject-matter of suit is immovable property, c. Precise amount claimed, if the suit is a money-suit and the plaintiff seeks the recovery of money, d. All above. Ans. (d) 101. The period prescribed under Order VIII, Rule 1 of C.P.C. for filing of written statement— a. Cannot be extended by the Court, b. May be extended by the Court for any period at its discretion, c. May be extended by the Court for a period not beyond ninety days, d. May be extended by the Court for a period not beyond sixty days. Ans. (c) 5.40 Drafting Pleading & Conveyancing 116. The term "complaint" refers to— a. Any oral allegation made to a Magistrate that some person has committed an offence, b. Any written allegation made to a Magistrate that some person has committed an offence, c. Any oral or written allegation made to a Magistrate that some person has committed an offence, d. Any oral or written allegation made to a civil Court that some person has committed an offence, Ans. (c) 117. A conveyance deed may be divided into various parts, viz. description, date of execution, parties, recitals, testament, parcel, exceptions and reservations, Habendum clause, covenant, testimonium and schedules— a. True, b. False. Ans. (a) 118. The First Information Report (FIR) a. May be oral or written, b. The oral report shall be reduced to writing by the police officer, the contents thereof shall be explained to informant and then shall be signed by the informant, c. May be sent in wr i t ing to the Superintendent of Police by post, if the police officer refuses to record the information, d. All above are correct. Ans. (d) 119. The recitals explaining the intention for preparing and executing the deed are called— a. Introductory recitals, b. Narrative recitals, c. Explanatory recitals, d. None of above. Ans. (a) 120. The narrative recitals in a deed of conveyance— a. Reflect the past history of the property under transfer, b. Set out the facts and instruments which are necessary to prove the title of the transferor of the property being transferred, c. Set out the agreement in pursuance of which the deed of conveyance is executed, d. Only (a) and (b) are correct. Ans. (d) 121. A warrant case means a case relating to an offence punishable with a. Imprisonment for a term not exceeding two years, b. Imprisonment for a term exceeding two years, c. Imprisonment for life or imprisonment for a term exceeding two years, d. D e a t h , l i f e i m p r i s o n m e n t o r imprisonment for a term exceeding two years. Ans. (d) 122. The operative part of a conveyance deed is called "Testatum" or the witnessing clause, which contains a. Consideration, b. Receipt, c. Covenant for the title, d. All above. Ans. (d) 123. "Parcel" -is that portion of conveyance deed which fully describes the property being transferred— a. True, b. False Ans. (a) 124. Habendum Clause— a. Is commonly known as "to have and to hold" clause, b. Is given in the deed of conveyance with 5.41Drafting Pleading & Conveyancing the purpose to name the transferee again and to limit the identity and certainty of the estate, c. Both (a) and (b) are correct, d. Both (a) and (b) are wrong. Ans. (c) 125. A covenant is the deed of Agreement between two or more persons to do one or more thing or to give, prevent, refrain from doing something— a. True, b. False. Ans. (a) 5.42 Drafting Pleading & Conveyancing