Unit 1 of Drafting, Pleading and Conveyancing – III (syllabus: Module I — plaint in a suit and a summary suit, notice of motion and affidavit, written statement, interlocutory applications, chamber summons, purshis and praecipe, and execution petition). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What are the particulars every plaint must contain, and what happens if one is left out?
- Which facts of jurisdiction must a plaint plead, and where do they come from?
- When may a plaintiff use the summary procedure of Order XXXVII, and what must the plaint say?
- What are the ten-day periods in a summary suit, and when is leave to defend granted or refused?
- How must a written statement deal with the plaint, and what follows from a denial that is general or evasive?
- What is the difference between a set-off and a counter-claim?
- What must an application for a temporary injunction establish, and how is it proved?
- What must an execution petition contain, and within what time must it be filed?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Code of Civil Procedure, 1908, s. s. 26 and Order VII rules 1, 6 and 7
- Code of Civil Procedure, 1908, s. ss. 9, 15, 16, 19 and 20
- Code of Civil Procedure, 1908, s. Order XXXVII rules 1 and 2
- Code of Civil Procedure, 1908, s. Order XXXVII rules 2(2), 2(3), 3 and 4
- Code of Civil Procedure, 1908, s. Order VIII rules 1, 1A, 2 and 3 to 5
- Code of Civil Procedure, 1908, s. Order VIII rules 6 and 9
- Code of Civil Procedure, 1908, s. Order XXXIX rules 1 and 2 read with s. 151
- Code of Civil Procedure, 1908, s. ss. 38, 47 and 51 and Order XXI rules 11, 11A and 22