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Ankita Rani Sahu

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BASIC RULES OF DRAFTING : ITS NEED FOR A
PLAINT AND WRITTEN STATEMENT
Drafting Pleading & Conveyance
(1) Drafting - formal expressions of a document
(2) Pleading - Plaint and written statement
(3) Drafting means to write a preliminary version document.
(4) Drafting as a process includes preparing the initial copy of document.
Principles of Good Drafting
(1) Document should be clear
(2) simple words should be used in drafting so that there is no ambiguity in it.
(3) Words should be used in normal sense. Technical words should be used after ascertaining their exact
meaning.
Logical arrangement
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The order in the document should be logical which will eliminate substantive inadequacies of repetition.
The draft should be retrieved by necessary to put the ideas in a logical order.
Words should be used consistently.
Words, terms and expressions should be used in a consistent manner.
Same words, terms or expressions should not be used in more than one sense.
The ideas should be arranged in such a wat that the final product should be clear.
Legal arrangements should be complied with.
While drafting a document legal requirement of and the transaction should be incorporated into it
Documents should be concise to brief: the draftsman should express himself in an irreducible minimum of
clear to understandable words.
The conscience is not only an aid to readability but also is safeguard against ambiguity.
The expression in the document should be direct in a legal document, the expression should be direct be
nothing should be inclusive which can be made explicit.
Importance of Legal Document
 In a law field drafting is one of the integral part which an advocate must know and he should be an expert in
making a draft. We cannot expect everyone to be perfect in drafting but the more and more practice gives
more and more knowledge to them. Firstly everyone should understand the law and facts about the case.
 As we see that young generation is now suffering from poor drafting and this is because of lack of training
given in the colleges. Many senior advocates gave training to the junior so that they can learn to draft in a
well mannered way and can know about the basic principles of drafting.
Qualities of Good Drafting
1. Conciseness - A good draft should be in a concise form. The concise form means the material facts and
necessary words should be used and a good draft or writing should avoid inclusion or unnecessary and
immaterial statement which is in no way is in relation to the subject matter. Draft should be to the point
and as far as possible vagueness should be avoided otherwise the draft will be unnecessarily lengthy. A
good draft, should contain only essential facts and appropriate words and phrases. The lengthy drafts/
writings also does not give a good impression to the reader.
2. Clarity - There should be absolute clarity in writing so that the reader is able to understand its content
without stress or strain. The language used should be such so as to enable the reader to understand easily.
As far as possible simple words should be used which will avoid any confusion in the mind of the reader.
A good writing should contain various paragraphs for expressing various ideas or subject matter. It will
avoid mixing of different ideas and matter.
3. Completeness - A writing should be free from all deficiencies in order to ensure the completeness about the
matter on which it is intended. A good writing should contain all the essential information and it should answer
all the possible questions which may struck to the mind of the reader. It means nothing material related to the
subject matter be left out.
4. Preciseness - Precision is another important factor of a good writing. The facts contained should be accurate
and there should be no ambiguity. There should be a perfection in the statements made. The writing should be
free from grammatical, spelling and punctuation mistakes.
5. Pleasant Accent - It is an art of good writing to create an impression on its reader by using courteous and
polite words. A good writing should reflect all the desired courtesy, of course having regard that to whom it is
addressed. Politeness plays a good role in writing
Salient Features of Good Drafting
1. Selection of Correct words - The selection of right word at the right place is the golden rule of good
writing. The words used should be such as to convey the real meaning of the writer to the reader. Therefore one
has to be very careful in using the correct and right words for the convenience of reader in understanding the
contents, words should always be used in the same sense. The choice of right words is also necessary in order
to make the meaning clear not only to the reader but to the writer himself. Familiar words with precise meaning
should be preferably used. Words should be used only to the extent that are necessary to express the meaning
and no more words should be used. Use of superfluous adjectives be not made. Strong words like urgent, crisis,
essential should be used only when they are really needed or else the words will lose their force if used
frequently. A document should be so worded as to convey the clear meaning to any person who has knowledge
of the subject matter. Use of long and uncommon words be avoided instead short and simple words be
employed in the construction of sentences.
2. Courtesy and Politeness - It is an important and significant ingredient of a good drafting. The utility of due
courtesy and politeness in writing goes without saying pay its dividend. The reader is delighted to read and
usually gives prompt response. Thus by observing politeness in writing the reader achieves its objective of
receiving prompt reply. A draftsman must possess the skill of using polite language.
3. Clear and Firm Thinking - The writer should have clear thinking about the subject matter that he is going to
write. In absence of clear thought the writer will not be able to express himself with clarity and the document in
question will create a confusing situation to the reader. Clear thinking will result in the systematic arrangement
of the subject matter in a draft. Clear thinking often takes time but that is fruitful rather than making a mass of
subject and its content. Therefore it is pertinent to mention that lucidity in drafting is an important factor which
plays its part gainfully.
4. Logical Arrangement - A good draft should contain logical arrangement meaning - thereby that statement
should be so arranged in chronological order that the reader is able to understand the subject-matter properly
without being trapped into any confusion. This is an art of writing and describing the subject in an orderly
manner. There should be consistency in writing to create a good impact on its reader. A logical arrangement
obviates the chance of omission or repetition.
5. Short Sentence - Simple and short sentence be used which must be complete and accurate. Use of long
sentence should be avoided.
6. Each page should be numbered.
7. Starting text should be in roman numbers and the main text in Arabic.
8. The sheets should be tied jointly.
9. No facts should be deleted10. Avoid negative statements.
11. Before presenting a draft it should be read one or two times.
12. Make a frame.
13. There must be a motive.
CONCLUSION
The basic purpose of Drafting is to provide ideas and proper information. Its main aim is to provide clear and
concise data which can be easily understood by the clients and can satisfy the wants of them. An advocate
must never forget that there is a objective or motive behind every text.
THANK YOU
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