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Textbook on Pleadings, Drafting & Conveyancing
Published by Universal Law Publishing Co Ltd
Intends to give a general idea to LLB students about the art of Pleading and Conveyancing. The object of pleading is to give a fair notice of the case of one party which has to be met by the other so that the contesting parties may direct their evidence to the issues disclosed by the pleadings. It covers their course content on the subject.
The purpose of this Practical Exercise Book is to give a general idea to LL.B students about the art of Pleading and Conveyancing. It covers their course content on the subject. The object of pleading is to give a fair notice of the case of one party which has to be met by the other so that the contesting parties may direct their evidence to the issues disclosed by the pleadings. A practical lawyer needs the latest techniques of pleadings of suits, petitions, applications, writs etc. Similarly, drafting of the transfer of property rights has a target to avoid future disputes between the parties to the transaction. The function of pleading is not simply for the benefit of the parties but also for the assistance of the Court as a pleading defines the area of conflict within which a party to an action is bound to confine its claim or defence. Drafting a pleading for suits or applications is laying a foundation upon which the whole structure of claim or written statement of the defendant is built, or the defence is made. Drafting of pleadings is therefore an important work of a busy lawyer. A plaint or a written Statement is called pleadings. But it covers several interlocutory applications too. Conveyance means drafting of a transaction relating to some interest, right, estate in a property viz., possession, enjoyment of disposition etc. Drafting of a conveyance; i.e., drafting a transaction relating to creation, extinguishments, and declaration, or conferment of some right or obligation and limitation in a property right between two or more living persons including a Will requires certain formalities to make it a legal instrument. Instrument includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded. A fine legal instrument, therefore, is supposed to avoid future litigation and to solve legal problems that may arise in future under it. A lawyer should have a vision towards this end of law. In addition to L.L.B. three years courses, now five year LL.B course is available in Indian Universities and Colleges. Private Universities and Colleges are also making base in India to impart legal education. National Law Universities in several States are functioning as Model Schools of Law under the foot steps of Law School University, Bangalore. Each Law School, College, University has a practical training programme in their syllabus. Legal Ethics, Public Interest Lawyering, Pleading and Conveyance and Moot Courts are all integrated to prepare students and give them knowledge of the fundamental working of Legal Profession. With the introduction of the practical papers in the LL.B. course by the Bar Council of India recently, the subject become immense. The present practical exercise book on the subject of pleadings and conveyance could well serve as a guide to all students of law; especially those who are preparing to enter the profession of law either in Bar or the Bench. Legal practitioner becomes an expert when he is well conversant with the language and the technique of drafting legal documents. Students of law are required to practice drafting of pleadings and conveyance regularly so as to become familiar with its method.
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