Lesson 9 - Pleadings

Lesson 9 –Pleadings
Order 6, Rule 1 of Civil Procedure Code (C.P.C.) defines ‘pleading’. It means either a plaint or a written
statement. The object of a pleading which aims at ascertaining precisely the points for contention of the
parties to a suit. The rules of pleading and other ancillary rules contained in the Code of Civil Procedure have
one main object in view. It is to find out and narrow down the controversy between the parties. The function
of pleadings is to give fair notice of the case which has to be met so that the opposing party may direct his
evidence to the issue disclosed by them.
Pleadings are, therefore, the foundation of any litigation, and must be very carefully drafted.
It is expected that, at the end of this lesson, student will, inter- alia, be in a position to:
– Fundamental Rules of Pleading
– Plaint Structure
– Description of the Parties
– Written Statement
– Requirement of Written Statement
– How to draft a Written Statement
– Affidavit
Lesson 10 - Art of Writing Opinions
A legal opinion is a written statement by a judicial officer or a legal expert based on giver’s professional
understanding of a particular aspect of any matter based on legal principles. A person might want to know
the correct legal position on a matter of interest or the likelihood of his winning a case if he initiates legal
proceedings based on the information that he has supplied to the expert. An effective and legally sound legal
opinion has an immense value. It can show where a party stands in a given factual matrix when looked from
a legal perspective and also save time and money spent in futile litigation proceedings.
The obligation of an opinion giver to exercise diligence in determining the factual and legal bases for an
opinion is implicit in every opinion letter. The first rule is always to commence the opinion by setting out the
facts that have been given or have been presumed from the instructions given. Adopting the practice of
commencing opinion by outlining the facts upon which one is advising serves another purpose as well. It
crystallises those facts in one’s mind, visualises any gaps as to which one may need to take further
instructions or make assumptions and, where issues of fact are involved, suggests areas which need
attention.
The objective of the lesson is to introduce the students regarding:
– Case for opinion writing
– Types of Legal Opinion
– Form and Elements of the Opinion Letter
– Expression of the Opinion
– Writ
Lesson 11- Appearances and Art of Advocacy
Quasi-Judicial bodies/Tribunals have power similar to Courts which decides on cases in specific areas. They
are called as Quasi-Judicial because they do not have full powers as that of the Court. A Company Secretary
has been recognized under various Acts to appear as an authorized representative before various tribunals/
xi
quasi-judicial bodies such as National Company Law Tribunal (NCLT), Competition Commission of India
(CCI), Telecom Regulatory Authority of India (TRAI) National Company Law Appellate Tribunal (NCLAT),
Securities Appellate Tribunal etc.
Company Secretaries act as an authorized representative before various Tribunals/quasi-judicial bodies. It is
necessary for them to learn art of advocacy or court craft for effective delivery of results to their clients when
they act as an authorized representative before any tribunal or quasi-judicial body.
The objective of the lesson is to facilitate the students to acquaint with:
– Right to legal representation
– Appellate authorities under the Companies Act, 2013
– Appellate authorities under TRAI Act, 1997
– Appellate authorities under SEBI Act, 1992
– Appellate authorities under the Competition Act, 2002
– Drafting of Affidavit in Evidence
– Art of Advocacyxii
LIST OF RECOMMENDED BOOKS

DRAFTING, PLEADINGS AND APPEARANCES
BOOKS FOR READINGS
1. G.M. Kothari and : Drafting, Conveyancing and Pleadings (1982); 2nd Ed., N.M. Tripathi (P.) Arvind G.
Kothari Ltd., Bombay.
2. P.C. Mogha : The Indian Conveyancer (1987); 10th Ed. Rev. by Justice K.N. Goyal, etc. Eastern Law
House, Calcutta.
3. Hargopal : The Indian Draftsman; Guide to Legal Drafting (1995); 10th Ed. Rev. by Nitin Khanna & A.C.
Moitra, the University Book Agency, Allahabad. Vol. I & II.
4. N.S. Bindra : Conveyancing Drafting & Interpretation of Deeds (1985); 7th Silver Jublee Ed. Rev. by S.K.
Verma, etc.; Volumes 1 to 5, Law Publishers, Allahabad.
5. Dr. J.C. Verma : Commerical Drafting & Conveyancing, 1988 Ed.; Bharat Law House, New Delhi.
6. P.C. Mogha : The Law of Pleadings in India (1987); 14th Ed. Rev. by Justice K.N. Goyal, etc. Eastern Law
House, Calcutta.
7. DeSouza : Forms and Precedents of Conveyancing (1999): 13th Ed. Rev. by C.R. Datta and M.N. Das.
8. Rodney D. Ryder : Drafting Corporate & Commercial Agreements (2005); 1st Ed., Universal Law
Publishing Co., Delhi.
Books for References :

1. Maxwell : The Interpretation of Statutes (1976); 12th Ed., second impression Rev. by P. St. J. Langan,
N.M. Tripathi (P) Ltd., Bombay.
2. Stanley Robinson : Drafting - Its Application to Conveyancing and Commercial Documents (1980); Ist Ed.,
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