DPC – Expected Viva Questions.

DRAFTING, PLEADINGS AND CONVEYANCING

Unit-I:
Drafting: Drafting and documentation in civil, criminal and constitutional cases - General
Principles of Drafting and relevant Substantive Rules – Distinction between pleadings and
conveyancing
Unit-II: Pleadings: Essentials and drafting of pleadings : (i) Civil—Plaint, Written Statement, Memo
- Interlocutory Application, Original Petition, Affidavit, Execution Petition, Memorandum of
Appeal and Revision.(ii) Petition under Article 226 and 32 of the Constitution of India - Drafting
of Writ Petition and PIL Petition.(iii) Criminal— Complaint, Criminal Miscellaneous Petition,
Bail Application, Memorandum of Appeal and Revision.
Unit-III: Conveyancing: Essentials and drafting of Sale Deed, Mortgage Deed, Lease Deed, Gift
Deed, Promissory Note, Power of Attorney, Will and Trust Deed.

Practical Exercises: Pleadings carrying a total of 45 marks (3 marks for each) and 15 (fifteen)
exercises in Conveyancing carrying another 45 marks (3 marks for each exercise) and
remaining 10 marks for viva-voce. These 30 exercises shall be recorded. Each student shall be
served with different problems for the purpose of exercise. These exercises shall be assessed
and marks may be allotted. These exercises shall be evaluated by a common committee
consisting of (i) Principal of the College/the concerned teacher (ii) University Representative
appointed by the Controller of Examinations in consultation with the Chairman, Board of
Studies in Law, O.U.; and (iii) an Advocate with 10 years experience at the Bar. The same
committee will also conduct viva-voce on the above concepts. The proceedings of the viva-
voce shall be recorded.

Important Question for Practical Drafting of Pleading & Conveyancing

1. What do you mean by Counter-Claim?
Counter claim is a claim set-up against the plaintiff in the same suit,being based on a
cause of action.
2. What is Replication?
The term replication does not find its place in CPC, however, through various
judgements it is observed that in certain cases with the leave of the Court, Plaintiff has
been permitted to file a reply to the written statement filed by the defendant, such a
reply filed by the Plaintiff is termed as “replication” (Order VIII Rule.9 CPC).The Court
can in its discretion call upon the plaintiff to file a written statement in answer to the
pleadings of the defendant or call upon the defendant to file an additional written
statement in answer to the claim of the plaintiff.
3. What is set-off?
Set off is a claim for debt or damages set up by the defendant against the plaintiff in
reduction of his claim.
4. What do you mean by F.I.R.?
FIR is a written document prepared by the Police when they receive information about
the commission of a cognizable offence. It is a report of information that reaches the
police first in point of time.
5. What do you mean by Criminal complaint?
Complaint is an allegation either oral or written made to a Magistrate with a view to his
taking action and not merely with a view to give information.(Section 2(d) of CrPC
1973)
6. Distinguish between complaint and F.I.R.?
A complaint is an allegation made orally or in writing to a Magistrate. F.I.R. is given in
writing or orally to a police officer.
7. Distinguish between Inquiry and Investigation?
a. Inquiry According to Sec.2(g) of CrP.C. – Inquiry means every inquiry, other than
a trial, conducted under this code by a Magistrate or court.
b. Investigation – According to Sec. 2(h) of Cr.P.C. 1973 Investigation includes all
the proceedings under this code for the collection of evidence conducted by a
police officer or by any person (other than a Magistrate) who is authorized by a
Magistrate in this behalf.
8. What do you meant by ‘Deed’?
A legal document that is signed and delivered, especially one regarding the ownership
of property or legal rights.
9. What are essential elements of ‘Gift’?
The essential elements of a gift are :-
a. The absence of consideration
b. The doner
c. The done
d. The subject matter
e. The transfer and the acceptance.
10. What do you mean by ‘Mortgage'?
A mortgage is a way to use one’s real property, like land, a house or a building, as a
guarantee for a loan to get money.
11. Differences between “Mortgage” & ‘Pledge’?
The security in Mortgaged is an immovable property, while in a pledge it is a movable
property.
12. What is your subject name?
Drafting, pleading and Conveyancing
13. Which is main preliminary Civil Court?
District court
14. Which article of the Indian Constitution deals with Superintendence of the High
court?
Article 227 of the Indian Constitution.
15. How many kinds of writs are there?
Five writs- Habeus Corpus, Mandamous, Certiorari, Prohibition and Quo-warranto.
16. Under which article of the Indian Constitution writ petition is the S.C & H.C ?
Article 32 and Article 226 of Indian Constitution.
17. What do you mean by plaint and written statement?
Plaint is the pleadings of plaintiff and written statement (pleadings of defendant) is the
reply by defendant for the plaint.
18. Who are the Plaintiff and Defendant?
Person which files the plaint is the plaintiff and the person who gives plaint’s answer is
defendant (written statement).
19. What is the nature of civil suit?
Civil suit means the suit relating to the right to property or right to post (Section 9 cpc).
20. What is pleading?
Pleading means plaint or written statement (Order VI cpc)
21. Can you amend in pleading?
Yes ( Order VI rule 17 C.P.C 1908)
22. What do you mean by substantive law & Procedure law?
Substantive law means the law determined the right and duties of the parties and
procedural law means the law relating to the disposal of right and duties of the parties.
23. What do mean by Conveyancing?
Conveyancing means the transfer of ownership or interest in real property from one
person to another by document, such as deed, sale and mortgage.
24. Under what provision is a counterclaim preferred?
Order VIII Rule 6A of Civil Procedure Code 1908.
25. An application for revision under CPC is filed under?
Section 115 CPC

1. What is drafting?
a. Drafting is the art of writing legal documents. The key feature of drafting is that it presents a
brief knowledge about significant facts. Legal drafting constitutes writing of plaints, notices,
letters, opinion etc. it is an activity that requires skill, legal aptitude, patience and practice.
Essential elements of a good drafting:
1. Precision – the matter should be precise and concise. It must convey the complete
message.
2. Clarity – there must be clarity , unambiguousness and nexus among sentences and
different paragraph
3. Adaptability – the matter to be included in a draft must be adaptable to the factual
position, to the circumstances of the case.
4. Lucidity – the language and words used while drafting must be lucid, simple and
appropriate to the situation.

2. What is pleading?
a. Pleadings in its simple sense mean to plead one’s own grievances preferably in writing before
an authority which can redress such grievances. Pleadings can be both in civil or criminal in
nature, having their own jurisdiction limits. In legal parlance, however, the term pleadings are
used to denote only in respect of civil side proceedings.
b. Pleading is defined in order VI rule 1 of the CPC. It essentially means plaints or written
statements.
Essential elements of Pleadings:
1. Pleadings shall contain statements in a concise form.
2. Pleadings should contain only the facts.
3. Every pleading shall be signed by the party as also his pleader.
4. Pleadings can be amended or altered with the permission of the court.

3. What is conveyance?
Conveyancing in its general connotation means conveying of a thing by one person to another.
But its scope in the legal context is very wider. Conveyancing for the purpose of present study
means lawful coneyancing, that is to say, transfer of movable or immovable property from one
person to another person by means of a valid deed/instrument/document.
Factors to be taken into consideration while drafting a deed of conveyance.
 1. Nature of transaction.
2. Title of owner.
3. Intentions of the parties.
4. Consideration in money value as agreed upon by the parties.
5. The law governing the transaction.
6. Nature of ownership and the implication of succession
7. Existing rate of stamp duty and registration fee, etc
4. Under what section can we file a suit/Petition/Complaint for :

Suits
a. Restitution of conjugal rights - sec 9, HMA 1955:
When either the husband or the wife has, without reasonable excuse, withdrawn from the
society of the other, the aggrieved party may apply, by petition to the district court, for
restitution of conjugal rights and the court, on being satisfied of the truth of the statements
made in such petition and that there is no legal ground why the application should not be
granted, may decree restitution of conjugal rights accordingly.

b. Divorce – 13, HMA

Divorce.—(1) Any marriage solemnized, whether before or after the commencement of this
Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of
divorce on the ground that the other party
(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person
other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately
preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion; or
(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently
from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably
be expected to live with the respondent.

c. Recovery suit - SECTION 26, ORDER VII, RULE 1 & 2

1. Every suit shall be instituted by the presentation of a plaint or in such other manner as
may be prescribed.
2. In every plaint, facts shall be proved by affidavit.

Complaint
d. Bail – 439, CrPC
Section 439 in The Code Of Criminal Procedure, 1973
439. Special powers of High Court or Court of Session regarding bail.
(1) A High Court or Court of Session may direct-
(a) that any person accused of an offence and in custody be released on bail, and if the offence is
of the nature specified in subsection (3) of section 437, may impose any condition which it
considers necessary for the purposes mentioned in that sub- section;
(b) that any condition imposed by a Magistrate when releasing an person on bail be set aside or
modified: Provided that the High Court or the Court of Session shall, before granting bail to a
person who is accused of an offence which is triable exclusively by the Court of Session or which,
though not so triable, is punishable with imprisonment for life, give notice of the application for
bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is
 not practicable to give such notice.
(2) A High Court or Court of Session may direct that any person who has been released on bail
under this Chapter be arrested and commit him to custody.

e. Defamation – 499, IPC

499. Defamation.—Whoever, by words either spoken or intended to be read, or by signs or
by visible representations, makes or publishes any imputation concerning any person intending to
harm, or knowing or having reason to believe that such imputation will harm, the reputation of such
person, is said, except in the cases hereinafter excepted, to defame that person.
Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the
imputation would harm the reputation of that person if living, and is intended to be hurtful to the
fellings of his family or other near relatives.
Explanation 2.—It may amount to defamation to make an imputation concerning a company or an
association or collection of persons as such.
Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to
defamation.
Explanation 4.—No imputation is said to harm a person's reputation, unless that imputation directly
or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or
lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that
person, or causes it to be believed that the body of that person is in a lothsome state, or in a state
generally considered as disgraceful.

f. Anticipatory bail – 438 (1), Cr.P.C

When any person has reason to believe that he may be arrested on an accusation of having
committed a non- bailable offence, he may apply to the High Court or the Court of Session for a
direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest,
he shall be released on bail.

g. Cheque bounce - 138 NI ACT, 1981

Dishonour of cheque for insufficiency, etc., of funds in the account. —Where any cheque
drawn by a person on an account maintained by him with a banker for payment of any amount of
money to another person from out of that account for the discharge, in whole or in part, of any debt
or other liability, is returned by the bank unpaid, either because of the amount of money standing to
the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged
to be paid from that account by an agreement made with that bank, such person shall be deemed to
have committed an offence and shall, without prejudice to any other provisions of this Act, be
punished with imprisonment for 19 [a term which may be extended to two years], or with fine which
may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this
section shall apply unless—
(a) the cheque has been presented to the bank within a period of six months from the date on which
it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the
payment of the said amount of money by giving a notice in writing, to the drawer of the
cheque, 20 [within thirty days] of the receipt of information by him from the bank regarding the return
of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee
or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of
the said notice.

h. Trespass – 441, IPC

Criminal trespass.—Whoever enters into or upon property in the possession of another with
intent to commit an offence or to intimidate, insult or annoy any person in possession of such
property, or having lawfully entered into or upon such property, unlawfully remains there with intent
thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to
commit “criminal trespass”
Petition
i. Habeus corpus – art. 32
Remedies for enforcement of rights conferred by this Part.—(1) The right to move the
Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is
guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the
nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be
appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2),
Parliament may by law empower any other court to exercise within the local limits of its jurisdiction
all or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by
this Constitution.

J. Mandamus – art.226
Power of High Courts to issue certain writs.—(1) Notwithstanding anything in article 32, every High
Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to
issue to any person or authority, including in appropriate cases, any Government, within those
territories directions, orders or 5 [writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights
conferred by Part III and for any other purpose.]
(2) The power conferred by clause (1) to issue directions, orders or writs to any Government,
authority or person may also be exercised by any High Court exercising jurisdiction in relation to the
territories within which the cause of action, wholly or in part, arises for the exercise of such power,
notwithstanding that the seat of such Government or authority or the residence of such person is not
within those territories.
(3) Where any party against whom an interim order, whether by way of injunction or stay or in any
other manner, is made on, or in any proceedings relating to, a petition under clause (1), without—
(a) furnishing to such party copies of such petition and all documents in support of the plea for such
interim order; and
(b) giving such party an opportunity of being heard,
makes an application to the High Court for the vacation of such order and furnishes a copy of such
application to the party in whose favour such order has been made or the counsel of such party, the
High Court shall dispose of the application within a period of two weeks from the date on which it is
received or from the date on which the copy of such application is so furnished, whichever is later, or
where the High Court is closed on the last day of that period, before the expiry of the next day
afterwards on which the High Court is open; and if the application is not so disposed of, the interim
order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand
vacated.]
[(4)] The power conferred on a High Court by this article shall not be in derogation of the power
conferred on the Supreme Court by clause (2) of article 32.]

5. Which deeds have you drafted?

a. Adoption deed
b. Codicil
c. Will deed
d. Partition deed
e. Partnership deed
f. Release deed
g. General power of attorney
h. Deed of settlement for divorce
i. Lease deed
j. Gift deed
k. Loan agreement
l. Agreement of sale
m. Mortgage deed
n. Sale deed
o. Notice of default of payment for promissory note.

6. Did you follow a format for drafting a plaint?

Rules 1 to 8 of order 7, CPC, provide for the essential elements that must be contained in a plaint.
a. The name of the court in which the suit is brought
b. The name, description and place of residence of the plaintiff
c. The name, description and place of residence of the defendant, so far as they can be
ascertained
d. Where the plaintiff for the defendant is a minor or a person of unsound mind, a statement
to the effect
e. The facts constituting the cause of action and when it arose
f. The facts showing that the court has jurisdiction
g. The relief which the plaintiff claims

h. Where the plaintiff has allowed set-off or relinquished a portion of his claim, the amount so
allowed or relinquished, and
i. 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.

7. What is an affidavit?
a. Order XIX CPC contains provisions in relation to affidavit. In every plaint facts shall be proved by
affidavit. Affidavit means a written statement or declaration made on oath by the maker of it
who is also known as deponent and shows signature has to be attested by the authorized
authority.

8. What is the format of a written statement?

a. It is the same as a plaint except that it is filed under order 8 rule 1 and that the respondents in a
written statement reply to the plaint and either deny or accept the facts that were made in the
plaint. It is essentially a reply to the plaint filed against them.

9. What format did you follow while drafting a conveyance deed?

a. The format that we followed was as follows:
i. Title of the deed
ii. Name of the parties and their designations
iii. Conditions to the deed stipulated by the parties
 iv. Signs of the witnesses
v. Signs of the parties

10. What were the essentials of a ________?

i. Adoption deed -
a. The name of the adopter and the adoptee
b. The rights and duties of the parties in the said relationship
c. Witnesses
d. Party’s signs

ii. Codicil
a. The details of the will that are to be amended
b. The amendments
c. Testator details

iii. Will deed

a. Testator details
b. Donne details
c. Details of the property
d. Schedule of the property

iv. Partition deed

a. Details of the parties
b. Parts to be divided
c. Schedule of the property
d. Witnesses

v. Partnership deed
a. Details of the parties
b. Details of the business
c. Rights and duties of the partners involved
d. Details of the share of parties
e. Witnesses

vi. Release deed

a. Details of the parties
b. Confirmation of the payment
c. Giving away of the title
d. Details of the property
e. Schedule

vii. General power of attorney

a. Details of the parties
b. Power assigned to the GP
c. Schedule of the property
d. Witnesses
e. Parties

viii. Deed of settlement for divorce

a. Details of marriage
b. Details of the portions to be divided or claimed
c. Witnesses
d. Parties

ix. Lease deed

a. Name of the parties
b. Date of execution
c. Fixed rent/consideration
d. Rights and duties of the parties
e. Details of the subject matter
f. Witnesses
g. Parties

x. Gift deed
a. Name of the parties
b. Details of property
c. Transfer of title
d. Duties of the parties
e. Schedule of the property

xi. Loan agreement

a. Name of the parties
b. Declaration
c. Details of the amount
d. Witnesses
e. Parties

xii. Notice of default of payment for promissory note

a. Names of the parties
b. Details of the promissory note
c. Details of the amount of credit and interest
d. Details of other warning notices
e. Warning of a legal consequence.
f. Parties
g. Date of execution
h. Witnesses

11. What is a counter claim?

a. Order 8 Rule 6a of CPC deals with Counter claim. It means a claim made by the
 defendant in a suit against the plaintiff. It is a claim independent of and separable from,
the claim of the plaintiff which can be enforced by a cross-action. Generally, it is a cause
of action against the plaintiff but in favor of the defendant. It is treated as plaint of the
defendant against the plaintiff and governed by the rules applicable to the plaints. A
plaintiff may file a written statement against the counterclaim of the defendant.
The main objects of counterclaim are as follows:
I. For saving the time of courts
II. For avoiding the multiplicity of the suits
III. For excluding the inconvenience to the parties to the litigation
IV. To avoid prolong trials, etc.

12. What is verification?

a. Verification is the legal context refers to a declaration under oath or upon penalty of
perjury that a statement or pleading is true. The verification is located at the end of a
document. If a complaint is verified then the answer to the complaint must be verified.
False information given in a verified legal pleading is subject to penalties for perjury.

13. What is the effect of false verification?

a. Whereas person falsely verifies an execution application he will be liable for perjury. An affidavit
is 'evidence' within the meaning of Section 191 IPC and a person swearing to a false affidavit is
guilty of perjury. The definition of the offence of giving false evidence applies to the affidavits.

Section 193 IPC: Punishment for false evidence.

Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false
evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished
with imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine

14. Grounds for rejection of a plaint?

a. Failure to establish cause of action
Locus standi
Insufficient fees
Plaint not filed in duplicate
Unlawful object
Insufficient Stamps under the Court Fee Act, 1870

15. What is replication?

a. In Common-Law Pleading, the response of a plaintiff to the defendant's plea in an action at law,
or to the defendant's answer in a suit in Equity. The plaintiff had an opportunity to respond in a
paper called a replication.