 who have not been able to connect on the Zoom platform since we are running full of capacity. We have for their convenience gone live on the Facebook as well as on the Instagram as well as on YouTube. And we as a lawyer, we all know that what significance the drafting counts. The drafting of the plaint and petition is an important facet, as they say, for the growth of a lawyer. Those who have been connected with us on the previous webinar of that is research analysis and written submissions by Mr. Uday Hula, the former senior advocate general of Karnataka, who has been four times, coupled with the fact that he's a senior advocate who carries immense knowledge and his popularity is known not only pan India, but across the globe. And we all thought that drafting, we always feel that it is very, very important. But how the facts have to be placed, what is the relevance of prayer, where the rules, statutes, regulations and the case law has to be significant. What is the subtle difference between a question of law, substantial question of law? Is there any difference between the two? Is while drafting the petition under 482, 226 and normal civil suits and transfer petition, etc. Do they carry a different facet while we draft it? These are the certain facets which Mr. Uday Hula, we had requested him to take forward. And since it is an important topic for the, especially for the youngsters, in this regard, we had a tie up with the Lawyers Club India and who is today being represented by Raghav Arora. I will ask him to unmute himself so that he can also welcome and we have Mr. Trivikram also who was the initial connecting point as they say, all dots make the line. And it seems that while we are sharing the knowledge, these dots are important. But I can only say, I'm reminded of a famous couplet which said that that is what people say in law that if Mr. Uday Hula has to speak, it begins and ends the manner in which it is. And I'm reminded, a famous senior advocate out in Punjab, Haryana High Court, we were not in the practice at that point of time. It is said that he was too busy, somehow he just started stating the facts of the other side. By chance, there was a lunch break and the client says, sir, what did you have done? It was all the case you have spoken on the petitioner side. I think we've doomed. The lawyer who was having knowledge plus the wit, after lunch, he immediately gets up. He says, this is all what would have been stated from the petitioner. That is his best case. And how I can trash it out. He ruckles it out and he ultimately wins. So these court drafts along with drafting is an important aspect of law. Without taking much time, I would request Mr. Raghav Arora to share his insights and then we will request Vikram and then Mr. Uday Hola to take things forward. Over to you, Raghav. Thank you so much, Vikas sir. I don't think anyone can do this better than you. You've been doing it for so long and just awesome. And I am here just to thank everyone who has been supporting this event. It's Mr. Vikram with his initiative, Free Vikram and Mr. Govind Chaturvedi with his initiative, Theater's Beagle. And I've had the good fortune to host you all on Lawyer's Club India on various occasions, webinars, e-learning platforms. You all know about Lawyer's Club India. You've been surfing, you've been researching on Lawyer's Club India and you've been spending and investing a lot of time on Lawyer's Club India. And I would lastly thank all the participants and Mr. Hola. Sir, I have seen, I've read about you in judgments. Actually, I was telling Vikas sir and also Vikram that I actually happened to have read about you and when Vikram said that we are going to get to Mr. Hola, I was really excited. So, without taking much time, I'll just give it over to Mr. Vikram and we'll start to dig up. Thank you so much. Free Vikram kindly unmute yourself. I'm sorry sir, there are too many hosts today. And they say, and Free Vikram means try. So, we are minimum three hosts and the fourth one comes into being. We will ask him to conclude at the end because people want to hear not us. So, Vikram unmute yourself. Yeah, Mr. Vikas, it's over to sir. Yes, let me not just waste the time. So, over to sir. Sir kindly unmute yourself. Sir kindly unmute. Well, good evening everybody. It's nice to be amidst all Lawyers across India and that too, in this troubled times, we are now going back to the April of 2020 when we had the lockdown. I don't know whether we are going to have a lockdown. In fact, our Chief Minister has again tested positive and he has gone into the hospital in Karnataka. So, many Lawyers have tested positive. Please play safe. Put on your mask. Does not matter. It's all in the mind. Initially, when I came to the office, I would used to take my mask off and keep it aside because I thought, you know, breathing was difficult. Then my senior partner, he's older than me though, of course, he's my partner. He said, no, you can't take off your mask. So, I've been wearing it from morning till night without any hassle. It's all in the mind. So, please play safe. Well, with coming back to the subject, the art of drafting plain petition, sequences and balance. Object of plain-tent petition, if we remember that, if we look at the object, I think, you know, we will be able to find out what is the way forward for all of us. What is the object of a plain-tent petition? First of all, it is to ensure that the judge who reads it, who will deal with the matter, is able to understand the case, the factual metrics of the petitioner or the plaintiff without any hassle, without being required to go back and forth. Secondly, and I'll revert back to this first object a little later. Secondly, it is to enable the opponent to know what your case is, the factual metrics. And thirdly, equally important is to enable the lawyer when he starts a cross-examination or when he starts the final arguments to know what the case is, what the factual metrics is without any difficulty. In fact, many of the youngsters who will prepare the plaint, by the time the matter comes up for final hearing, they would have become seniors. They would have forgotten the facts. Somebody else would have cross-examined and the pleadings, they must be able to understand without much difficulty. Now, as far as that is a reason why one of the first things that a lawyer must do is, he must write the plaint or the petition in a simple language. We must remember that we are not writing a Shakespearean drama. We are writing a petition, a plain, with the object of ensuring that any person who does not have much of a time is able to comprehend what is written there in the shortest possible time. Let us remember that there are two crore cases pending all across India. In each court, nearly 100 cases get listed. That judge will not have time on hand to peruse through a document or a plane which can run into 50 or 100 pages. It is for this reason that one must cultivate the art of precy writing. I am told that nowadays in the high school, you don't have Rennan Martin drama. When we were young, when we went to high school, we had what is known as Rennan Martin grammar, English book, English grammar book. We were given essay running into about four or five pages and we were asked to encapsulate the whole thing into two paragraphs. Entire idea that was contained in five or six pages should be encapsulated in just two paragraphs. Brevity is a soul of wit. If we remember that, we will be able to do this effectively. Art of precy writing, ability to write and put things in the most simple manner, in the most concise manner, using simple language, not very high flying words. And as far as possible, make it as short as possible, but encapsulating everything that is required to be stated. One of the first things that a lawyer must do before writing a plane or a petition is know the law. Just today, one of my colleagues and he's sitting here, he prepared a plane. What is the plane? He, the neighbor has constructed a building without leaving setbacks. We all know that in every planning authority has building regulations. Every planning authority has what is known as zoning regulations. Courts have time and again held that zoning regulations are statutory in character. My colleague prepared a plane without even looking into the zoning regulations without even knowing what it is. Therefore, first thing that a lawyer must do is when a client comes, try to find out what the law is. You will be better in a better position to draft the plane or the petition if you know what the law is. Let me give you one illustration. In the old specific relief act, prior to its amendment in 2018, section 16 C said that you must ever improve that the plane is ready and willing to perform his part of the obligation. And the courts have time and again held that if you do not ever and plead that the plane is ready and willing to perform his part of the obligation, the plane is liable to be rejected. Fortunately, in 2018, there is an amendment to the specific relief act and section 16 C has been amended. What I am saying is if you know the law, you will be in a better position to draft the plane. You will be in a better position to encapsulate what are the salient features of legal issues and modify the facts to suit the law. I am not saying tweak the facts. The facts are known to you. Let me give you the same illustration of my colleague drafting the plane. There is a judgment of the Karnataka High Court which held that a neighbor has no right to file a case saying that the setbacks have been violated by the neighbor. But he can do so if he pleads that or if he is able to prove that the neighbor's action in not leaving the setback affects your right. Had my colleague known this law, he would have mentioned the salient features of the in the plane that as a result of setback not being left, the plaintiff's right to light and air is adversely affected. He did not mention it. Had he known the law, he would have stated so. Therefore, friends always, as far as possible, try to know what the law is in relation to the subject matter, the case which is in respect of which you are either drafting a plane or drafting a petition. Let me give you one more illustration. Many of you who are practicing the High Court file a petition for quashing the complaint under section 482 CRPC, Criminal Procedure Court. Many of these statutes, like the Negotiable Instruments Act, which all of you are familiar with, in the Negotiable Instruments Act, section 138 to 142 specifies that if a company is the issuer of the check which got bounced or which got dishonored, the directors or the officers or the company who are in charge of the day-to-day business of the company are also liable. The law is that if the company is not made a party or has an accused, the Supreme Court has held that the entire complaint is liable to be quashed. If you know the law, you will correctly make the company as a party, as an accused, along with the directors. You will also allege that these persons are in charge of and responsible for the carrying out of the day-to-day business activities of the company. If you do not make that everment, 482 will be filed and the complaint will be liable to be quashed. Therefore, know the law as far as possible. Yes, many a times we may not have the time. There is an urgency, an injunction is needed, you may have to draft it out. But if you have the time, if the client can wait for a day or two, look up the case law, look up the law, then you will be in a better position to draft out the complaint or the petition. Similarly, when you prepare a complaint, please add many a times what we have to what we are required to do is we may have to set out in a petition, say in a petition, we may have to set out certain, we may have to refer to certain sections, certain rules. If possible, please call out the section or the rule in the complaint or the petition verbatim. Reason is simple. The judge many a times may not have the book. Even if he has a book, if you refer to some three, four different sections of different statutes, he may not have the patience to look at, you know, take out three, four books. If your petition has all those statutory provisions of the sections called out, it becomes easy for him. Now, coming back to the complaint, please look at order six and rule seven of CP code, civil procedure code. It specifies that complaint must contain material facts and facts alone, not the law. There's a world of difference between a complaint that you prepare in a suit and a reputition that you filed before the High Court, which you file under article 226 or 227 of the Constitution of India. When you file a complaint in a suit, you have to only plead facts, the material facts, not the law, not the evidence. But when you file a petition under article 226 or 227, a reputition, you are required not only to state the facts, but also set out the law and also the evidence. If you can just make a note of two judgments of the honorable Supreme Court of India, where this question was gone into by the Supreme Court, 1988, Volume 4 SCC, 534, Supreme Court has held that in a reputition, evidence regarding facts must be pleaded and the Supreme Court further goes on to state that that that is evidence regarding facts being pleaded in the reputition is the difference in pleading in a reputition and civil proceedings under the court of civil procedure. In fact, in 2012, Supreme Court cases Page 63, paragraph 20, Supreme Court has held that the grounds not taken in the reputition but raised only in the arguments grant of relief is bad. So, that is the difference. When you file a complaint, as I said, let me give you the way forward. First, try to know the law. Second, draft out a complaint using simple language, short sentences, not too long, use active sentences, not passive. If somebody has beaten you, say that he has beaten you. Instead of saying, I went there, the man came from behind, he had no other business, he tried to beat me and ultimately his hand hit my face. This is not the way to put forward, put the things straight. You must hit the head, I mean nail on its head. As I said, judges don't have time. Time is not a luxury that our judges have with hundreds and thousands of cases in their court hall. They would be happy when you can prepare a complaint which runs into four or five pages instead of making it a hundred page complaint. If you can make it shorter, they will also appreciate it. Always use simple language. Let me repeat myself. We are not drafting or we are not trying to recreate a drama, a Shakespearean drama. It's not a magnum opus, as they say. It's a simple complaint that the judge must be able to appreciate the facts must be stated succinctly. In a chronological manner, always put different ideas in different paragraphs. I have seen one paragraph running into four pages, five pages in a plane. Please don't do that. Let your ideas get shortened, bifurcated. Each idea in a different paragraph using simple sentences, short sentences and as far as possible, as concisely as possible. That is the beauty of drafting. That is what you must learn. More than anything else, after you draft, please read it, correct it, edit it. When two different clients come to your office, one with tattered clothes, another with neatly dressed attire, normal human inclination is to call that other person who's neatly dressed. Please remember this. The judge will appreciate you better if your plane is concise, precise and to the point. If it is well drafted, grammar mistakes, spelling mistakes are extremely common. Let us avoid it. After all, the judge, if you have drafted a plane with the spelling mistakes, grammar mistakes, what kind of respect will he have for me if my plane has innumerable spelling mistakes? So please remember this. I've always said this, management techniques must always be adopted and evolved, adopted into our practice and profession. What is this management principles? Your attire, your writing, your drafting, time management. All these are part of management techniques. Therefore, the petition or the plane must, as I said, be organized. It must be short. It must be sweet. It must be concise. Then there are also other facets. What are they? You are filing a suit, seeking an injunction, restraining a person, your neighbor, who's trying to interfere with the construction that you're putting up. Many a times, we start describing, saying that, you know, I built a house, building. It is under construction going on. There is an interference. Simple thing is append or annex the photograph of the building. If the building has come up to some two floors, the building is a four-floor plan. Any judge worth his salt will say, let the building be completed. Because otherwise, it will be not only a waste to the plaintiff, but also to the nation. It will be a national waste. Normal inclination is when half-constructed building is there, they will say, please let him complete it without pleading equity. So please, if possible, produce a photograph. Documents, original documents must be produced. All of us know about it. As far as possible, documents in your favor, please append it. When you go to a court, argue a matter for admission. After all, in a plaintiff, you don't have admission, but you may be going there to argue an application for injunction, temporary injunction. If possible, prepare a short synopsis, one page or one and a half pages. Set out the facts in a chronological manner. Set out the salient features of your case in virtually like a half-sentence. These are the techniques that you must evolve and adopt. That is when you will become successful lawyers. Let me now come back to the high court practice or an appeal against a conviction. Before the session's court, you will file an appeal. When you file the appeal, either before the session's court or in a 482 petition to quash the complaint, what I have invariably noticed is lawyer will set out the entire complaint. The whorey details of how this gentleman, with his sickle, he hacked somebody or that he cheated the defendant or the complainant of thousands and lakhs of rupees. If you put that in the beginning, when the judge reads it, he will have enough prejudice against you. So what is it that you do? In the beginning, try to set out what your case is, how you are enough then, thereafter if necessary put all this whorey details of the complaint. After all, in a cheating case, you want to file a 482 petition. Let me give you one illustration. The complaint filed before the police is or the magistrate is that the person has taken 10 lakhs of rupees with the promise to return it within a month or say within two months. He did not return it. At the time, he borrowed the money, he did not have intention to return it. Therefore, cheating 420, 415, 420. That is the complaint. When you file a 482 petition, if you start narrating the complaint itself, when the judge reads, he will not have any sympathy for you. On the contrary, if the facts are that this 10 lakhs that was paid by you was return of the amount that he has paid the money to you. His case is that you are not returned. If your case is that he was returning the loan that he had borrowed from you, put it first instead of narrating the entire complaint in the beginning at the end saying that I had he had borrowed the money from me. Therefore, he was returning this. Always think this profession of ours. I always say this is a thinking profession. Think 100 times. I think I did mention this somewhere in one of my speeches. One of the juniors of Shri Parasaran, who was one of the really great lawyers that India had, who was Attorney General of India, he said, Shri Parasaran has 50 different constitutional books, bear acts. And each time a particular article comes, he takes a fresh book. He reads that section or the article. After all, in the constitution, it is the articles. Every time he reads a fresh, he gets a better idea, a better insight, a newer nuance. That is what is needed. Think always. When you prepare a draft, a plane, think how you can improve. Lawyer must always remember this. Adopt, evolve, improve. You must always achieve towards perfection. That is when judges will eat out of your hands. When the judge comes to know that you are meticulous in your preparation, he will listen to you more carefully with greater attention than when he gets an impression that you are callous in your work. That is why my earnest endeavor to every lawyer in the profession is think. When you draft, think. After drafting, think. After the first draft or the second draft, think how you can improve. You will definitely improve. That is why I said improvisation. Trying to evolve, trying to better your earlier draft, that will yield great results to you for you in future. Now, coming to the drafting of the appeals. After all, what are appeals? Appeals in so far as civil courts are concerned are the continuation of the suit. But before I come to the appeals, let me remind all of you that we have today the Commercial Courts Act. In the Commercial Courts Act, different provisions are set out. In the Commercial Courts Act, Order 13, Capital A, Rule 3 and Rule 4 are important sections or orders which have a slight deviation from the civil procedure court. Today, the earlier the statutory bar was 1 crore rupees for a commercial suit. Today, it is reduced to 3 lakhs. Any commercial dispute of 3 lakhs is a commercial dispute. And therefore, the Commercial Courts Act will apply. Under Order 13, Capital A, Rule 3 and 4, it specifies that the court may give a summary judgment against a plaintiff or the defendant on a claim if it considers that the plaintiff has no real prospect of succeeding or the defendant has no real prospect of successfully defending the claim. So, these are the things that you must remember. Read. Library should be your best friend, your second home. That is when you will be a better lawyer. Read. Improve. Improvise. Similarly, you have Order 6, Rule 3A. In fact, you may remember that if you do not file the written statement within 120 days in a commercial suit, you lose your right to file the written statement. That is why I said one must know the law. One must know the statutes. Lawyers' work is 24 into 7, not 10 into 5. 10 to 5. It is 24 hours. In fact, I did mention this on an earlier occasion to you. I went to the, take my second vaccine today, just now, at 4 o'clock. Looking at me, the doctor immediately asked me to come in. There are instances where, you know, I took an appointment earlier, so I went. Similarly, the doctor would, you want, would you, you would want the doctor to treat you in the best manner possible. When he injected me, I didn't want any pain. As a lawyer, your attempt should be to give sucker to the client. When you go to a doctor, you would want him to treat you in the best possible manner. When he injected me, I didn't want him to, you know, cause me greater pain than what is necessary. He, I wanted him to treat me in the most, in the best professional manner. Every client who comes to you would want that from out of you. Remember that and you will become a better lawyer. Let me give you this. In fact, in New York state practice, you know, I was telling you about the concise, precise manner in which plaint has to be written. New York state practice specifies that every pleading shall consist of, consist of plain PLAIN, plain and concise statement in consecutive numbered paragraphs. And each paragraph shall contain single allegation. That's why I said different ideas in different paragraphs. Concise, plaint, precise in the shortest sentences possible. Even the federal rules of practice in US of civil procedure, ATA specifies that every everment of pleading shall be simple, concise and direct. There lies the beauty. That is what you know, CP code also says coming to the art of drafting. We all at some point of time painted or drawn some sketches, at least during our primary and middle school or the high school. Before you paint, you always envision the painting that you will eventually produce. Why do you do that? Because if you don't have a vision, if you do not think as to what final result should be, you will not be able to paint what you want to paint. Supposing you want to paint a caricature or a river flowing, you must think how the river will flow before you take the paint and the brush and put it on canvas. Similarly, when you draft a plane or a petition, you must mentally prepare as to in what manner, in what direction you should go. That is why first thing a lawyer must do is I'm now in a meandering. Pardon me because time is too short. When you meet a client, he wants you to draft something. He is the master of facts. Have the patience to sit with him, listen to everything that he says. Many a times he will not know that certain of the facts which exist in his memory are not relevant. You may have to prod his memory. If you know what the law is, if you know in what direction the plane that you want to draft or the petition that you want to draft should be, in what direction it should go, you will be able to prod the client and elicit information and that information will assist you in preparing a better draft of a plane or a petition. That is why I said before you paint on a canvas, think what is it that you want to paint? What is the ultimate result that you want? Now coming back to the plane. First you have the heading, you have the addresses, you have the factual matrix. You must also mention the cause of action because if there is no cause of action for a suit, the suit is liable to be dismissed. Ultimately, you will have to set out the prayer. When you draft, one of the common things that I have noticed is every second sentence in the plane, he will say the plaintiff submits that, plaintiff submits that. You have stated already in the beginning, plaint under orders, I mean section 26, order 7, rule 1, the plaintiff above name submits as under, then you start the facts. When you do that, every sentence, you need not start with the sentiment with the words, the plaintiff submits that and proceed. I found every second sentence, lawyers drafting and saying, plaintiff submits that he is the owner of the property. Plaintiff submits that the neighbor has tried to interfere. Plaintiff submits that he purchased it from XYZ under registered CLD and so on. So, plaintiff submits that. If you remove this gibberish, I think at least you will save one page in a plane of 10 pages. In an affidavit, every sentence starts with I say that, I say that. Avoid it if it is possible. Let it be direct sentences, short, simple. Then come into prayer, let the prayer be precise. Ultimately, in the end, always put a general prayer, seeking relief, such other and further relief as are just. You may ask me, what is this? Why should we ask for it? Let me give you one judgment or the honorable Supreme Court of India, where the Supreme Court granted relief only on the ground that there was this general prayer that he sought for such other and further reliefs. One of the argument canvass was that there was no prayer for it. Supreme Court granted relief stating that, yes, there is this general prayer AR-1962 Supreme Court 1161, paragraph 4 and 11, AR-1962 Supreme Court 1161. Appropriate relief may be granted due to chain circumstances. And because, you know, this is what the Supreme Court said, because of the prayer for any other relief in the petition, maybe some judge may not agree with this proposition, because 2013 there's a judgment contrary to this, not noticing the 62 Supreme Court. But if the judge is benevolent, if the judge is a liberal, he will grant you relief on the basis of this. We all know that the normal rule is, if there's no prayer, you cannot direct a relief. After all, Supreme Court has held that court cannot grant relief, not pray for. 2008, volume 17 SCC 491, 1991, 1 SCC 441, 2004, 13 SCC 528, any number. In fact, I gave you the judgment of Supreme Court in 62 Supreme Courts 1161. There's a contra-judgment in 2013, but earlier to that, 1993, supplement 3 SCC 129, a prayer was not sought for, a declared relief was not sought for. Supreme Court said, you can't get the relief because you have not sought for this declaratory relief. And relief can't be given because you have sought for other reliefs. But 62 Supreme Courts says, well, you can get a relief on the ground that you have sought for other reliefs because ultimately courts have also held that procedure is a handmade of justice. And procedure is meant to subserve justice. Therefore, a liberal judge will always grant you relief even if the relief is not sought for in the manner that he would have wanted you to if there's a general prayer. See, grant such other and further relief. Always put it both in the main relief as well as in the interim applications. You may have asked for attachment before judgment in an interlocutory application. Judge may feel that you would be entitled to an injunction. And if you put that sentence at the end and grant such other, grant an attachment before judgment and grant such other and further reliefs, if he feels that well, you are entitled to injunction may not be for attachment before judgment because that is far more all to us and greater circumspection is needed. He may grant you the injunction. So the prayer, remember this. Then when you come to the repetitions, sorry, appeals, I was on the appeals. When you come to appeals, same thing. Always prepare your appeal memorandum like would prepare a plane, concise, precise, your best foot forward. Always your best foot first. That is when the judge, after all, many judges read. If you have a lengthy petition of say 20 pages, at least they'll read in at least about four or five pages. Initial grounds they will read. If you are able to show that you have a good case in the beginning, then there's every possibility or the judge, even without before you get up to say, all right, I will issue notice. So these are the techniques that you must evolve, adopt in your daily practice. Then inner repetition. Today, we have reached a stage where COVID has taken hold. It's all now VC, VC, I mean, always video conference. You are not able to give judgments across the bar. So what do you do? In the repetition or in the appeal, set out the judgment so and so versus so and so in say 2010 Supreme Court five Supreme Court cases 435 paragraph 16, they have said stated so call out a small portion of it, which is in your favor. Set out some of these judgments in a VC hearing that will help you enormously because you are not able to give the judgments across the bar. If you set out those judgments, two things follow. One, you may not remember it when the matter comes up for fine layering. When it is there, it becomes easy for you. It will prod your memory becomes easy for you to take out the judgment and maybe, you know, do further research from there. This earlier judgments which are put becomes the foundation and you can leap from a leap from from there. These are the techniques always evolve it, always adopted. Then election petition. It's a different ball game altogether. In election petition, all material particulars must be set out. And if you do not set out material particulars and full particulars, the petition itself is labored to be dismissed at the initial stage. So, these are the differences I think when I have taken nearly an hour. Now, let me, I think about 45 minutes. Let me, you know, give you some more judgments. Now, in a play, in a written statement, one of the things that invariably, you know, the lawyers do is they don't take paragraph by paragraph and deny the statement or counter the statement made in the plaint. That's a not a good habit. Take each paragraph. Does not matter. Once you know, lassitude should not take over your professional attitude. You must take paragraph by paragraph and counter it. Whether it be a written petition, whether it be a counter to an application filed under order in respect to an interlocutor application or in a written statement. In fact, Supreme Court in 1993, four SCC six has held that when there is no denial in the written statement, allegation is deemed to be admitted. And in 2013, volume two, SCC six not nine Supreme Court has held denial in written statement has to be specific as general denial is not sufficient. When there is no denial of signature in a written statement, high court committed an error in holding that the handwriting expert should have been examined. See how in other courts have looked into things. You have to specifically deny and general denial is not sufficient is what they have said. Then admission in pleading, see when you draft a plaint, be wary of admissions. Many a times I have succeeded in appeals based on the admissions made in the plaint itself. 1974 one SCC 242 paragraph 27 1974 one SCC 242 paragraph 27 Supreme Court has held admission in pleading or judicial admissions stand on a higher footing than admission in evidence. And they have said further judicial admissions are fully binding on a party and constitutes waiver of proof. So be wary when you draft a plaint, that's why I said think many a times we make mistake. In fact, not realizing that we are admitting certain things in the plaint we may admit, even though that may be contrary to the fact. I'm not saying be untruthful, never do that. Lack of candor should never be there. You must be upright, honest, that's when you know your you'll be appreciated. But then when you put across things, you must weigh and put it across. Supreme Court in 2005 one SCC 324 is a lengthy judgment at paragraph 218 2005 11 SCC 324 paragraph 218. They've said judicial admissions can be made the foundation of the rights of the parties. And in 67 Supreme Court AR 1967 Supreme Court 341 Supreme Court has held admission in plaint can be used against a party in other suits as admissions, not just in the suit. It can be used in other suits where you are a party order six rule five, three and five allegations of fraud must be clearly pleaded and proved by clear cogent evidence. There must be a plea as far as fraud, misrepresentation, breach of trust. You must plead clearly and all material particulars must be indicated. If you don't do that, then court will not permit evidence to be led in. Also bear in mind, no amount of evidence will be permitted if there's no pleading. Now, in my plate that my colleague prepared, he did not allege, he did not ever that as a result of this building without a setback, his rights are adversely affected. He did not plead it. If he leads evidence, a lawyer, astute lawyer will say, please look at 2008 volume 8 SCC 932. Also in 2011, 8 SCC 613 paragraph 33. Without pleading, no amount of evidence can be looked into. Therefore, pleading, the plaint everments, the petition everments become absolutely essential. Civil suits Supreme Court in 2019 11 SCC 800 Supreme Court has held civil suits are decided on the basis of pleadings and issues free and parties cannot be permitted to travel beyond the pleadings. So that is the reason why I said, gather as much facts as possible from the client, put everything but in a precise, concise manner, not elaborately running into 100 pages that you won't have the time. When you start cross examination, you won't have the time to look into 100 pages. When you start arguments, you will not have the time because by the time you know the matter comes up for final hearing, you will have become a senior. Recently in 2020, volume 1 SCC 729 Supreme Court has held in the absence of pleading, no amount of evidence will help the party. Therefore, pleading, the plaint, the petition, all these are extremely relevant. All facts must be set out. In a repetition also, similar yardstick applies. In fact, the Supreme Court in 12 SCC 63, the Supreme Court has held ground not taken in the repetition, but raised only in the arguments, grant of relief is bad. Similarly, like I said about the written statement, in the objection statement, file to a red petition or in objection statement, file to a criminal petition under 482. If you do not contravert a statement, it will be deemed to be admitted. Supreme Court in 1993 supplement 4 SCC 46 has held. If statement in a red petition not contraverted in objections, they are deemed to be admitted. Similar to the written statement, if you do not deny specific denial not being there in respect of the plaint everment, it is deemed to be admitted. You will get number of judgments on this. Why I am mentioning all this is pleading, whether it be a plaint or a written statement, whether it be a red petition or an objection statement, whether it be an IA interlocutor application or counter to it. Pleading must be precise. Every everment, if it is needed to be contraverted, must be contraverted. These are the contours. Then I was telling you about suppression. Never suppress things. Lack of candor should never be there. In fact, Preview Council, way back in 1938, AR 1938, Supreme Court, Preview Council, one not three has held. Concealment of any fact is a serious misrepresentation. And we all know that in Chandalavariya, Varaya Naidu case, Supreme Court in 1994, one year CC1 held in paragraph 5 and 6, that if you suppress facts, material facts or document, it amounts to committing fraud on the court. And the Supreme Court went to the extent of saying, your case can be dismissed without even going into the merits. So be fair, be honest, set out every fact. Then there are different kinds of suits. There's a defamation suit that people file. One of the things that a lawyer must always do is, in case of defamation, as far as possible, set out the defamatory words that are being used. In fact, Supreme Court in AR 1971, Supreme Court 1389 has held that in the case of a suit for defamation, it is desirable that actual words spoken are mentioned in the plaint. Then I was telling you about law, knowing the law. When you file a suit on behalf of a trust, all trustees must be made parties. The Supreme Court, as well as the high courts, have held that when a suit is filed on behalf of a trust, because as all of us know, properties are vested not in a trust, but in the trustees. So the courts have held, if the trustees don't file a suit, and if the trustees are not made parties, whether as plaintiffs or defendants, suit is liable to be dismissed. Our own high court, just as Dattu then was sitting in the Karnataka High Court, in ILR 1997, Karnataka 2460 has held, trust is not a jurisdic person. It is the trustees who are the owners of the property. Therefore, a suit or a petition instituted by the president alone is not maintainable unless all trustees are implanted. Gujarat High Court, full bench, rendered by Justice Bhagwati, as he then was, in ILR 1973 Gujarat, page 113, paragraph 8 and 11. This is what the Supreme Court, as the Gujarat High Court, full bench said, suit has to be filed on behalf of the trustees, failing which suit is liable to be dismissed. So you must know the law. Supreme Court, in 2005, one year CC, 172, has held, while it is true that all trustees must be joined in a suit filed by him, where the deed of trust permits one of them to file a suit, or where other trustees have given specific sanction or express sanction, suit filed by them and by one of them is permissible. This is what the Supreme Court says. But then, what is the caveat there? The deed must provide for it, that any one of them can file, or all the trustees must have given express consent or sanction for the case to be filed by one of the trustees. Then you have suits where foreign law is pleaded, material facts in a plane, no law. But when it comes to foreign law, foreign law must be pleaded and proved like any other fact. Shimati Sonia Gandhi's case, 2001, 8 SCC, 233, paragraph 27. This is what the Supreme Court held. Foreign law must be pleaded and proved like any other fact. Then, authority to file. When you file a suit on behalf of a company, invariably a director signs the plane. Courts have held that director must have a board resolution authorizing him to file a suit. 2005, 1 SCC, 212, paragraph 11. Unless a board resolution is produced, an individual director cannot file a suit. There must be a board resolution. In fact, Delhi High Court, way back in 1991, Delhi, 25, has stated this. That unless power is specifically conferred by the board of directors on a director, he cannot file a suit. So, these are the things that you must remember. Art of plane drafting is one. What are the other things? What are the pitfalls? What are the balances? What are the things that you must remember? Well, I think I have gone on for more than one year, one hour. I think I will stop now so that there could be question and answer session so that I will also get benefited from the knowledge that all of you have. Because ultimately, each one must teach one. I may be teaching you, but I must also learn from you. So, I think I will now stop my peroration because otherwise, I will go on for another one hour or two hours. I have given you the different facets of petitioned plane art of drafting. Let us have some question and answer. We had always read that he saw he came, he conquered and that's what you have done today. You have conquered the hearts of the lawyers who wanted to learn and what rightly you have said that one has to improve, evolve and adopt and one has to also revisit the entire planes and what you rightly said that whatever you draft the plane, at least I feel that after even a week, you feel that at once it is drafted, you feel it's the best. But subsequently, you realize that how many fallacies it has been created. Absolutely, sir. You had put the point. That's how we all of us feel. In fact, my steno says, sir, don't read it again. Otherwise, you will consume the same amount of time. Sometimes you feel petitioners case or case of the petitioner. You keep on evolving only on those small facets and you had also rightly said that it has to be in size and precise. That's the way forward. Sir, one basic question one person has been repeating. What is the basic difference between a plane and a petition? Sir, a plane is filed in the civil court. A petition normally is in the high court, in a red petition or a criminal petition. Though, of course, you may have some petitions even in the miscellaneous petitions in civil courts also. But a plane civil procedure court order six, rule seven sets out what are the parameters, what are the things that are required to be mentioned or stated in a plane. As far as petitions are concerned, you don't have a set rules. It is based on the high court rules, the red proceeding rules. That is what it is. In fact, all of us when we came to the bar would go to the library and sit and start reading Moga on pleading. Moga on pleading will have diverse subjects on everything and updated editions keep coming. So one is asking, is there any good book to learn the nuances of drafting? Third, nuances of drafting. Moga is one book. Then you have some English books. But then where will our Indian lawyers be able to get it? Probably in the high court libraries, you will get it. There are a couple of good English books on drafting of plant and pleading. On drafting of contracted sector, it's written by one of my friends Bhumesh Varma. His book is good. Plus, we had done one session with Justice Dameshwari and I do on the heart of advocacy. He has also given a lot of books, people can go. And we will request you to share these judgments so that we can... Very well. I'll email it to you so that I just listed out certain things. You know, there is a book by one of our literators. He's no more. He was a Janpeetaravavadi called Shivram Karan. So he's written a book. In Kannada, it says, the 10 faces of 10 mad ideas or whatever it is. So I have randomly put everything just to assist the lawyers in the best possible manner relating to the pleadings. I can understand the random thoughts do come but actually they say that if you keep on studying, it goes here or here at any point of your mind. And even when the judge asks you and you are prepared with it, then you are always... It's called Uchu Manasena. That is mad man's 10 faces. So that's the title of a novel that, you know, Shivram Karan had written. It's a nice novel, of course, in Kannada. Must have been translated into other languages also. Yes, sir. Yes, sir. Even in these, just what we say, even in the pleadings, any other rate order or direction, we also have a full bench of Sandesh Singh which says that once you say any other rate order or direction, even in CPC and order 7, they say that if the pleadings are there, even if the question of law is not being formulated, though some people, as you rightly said, there are which says that you have to be strict or sense by the rule of book. But then they say, just like as we have evolved in cricket, a few of my players, friends used to play for Ranji Trophy. They used to say that if you play cricket, trying for a six, we were thrown out of the team that you are playing an irresponsible shot. And today he said that I took my son. He was already trying a copybook style classic strokes. He was thrown out of the team because he said that he can't lift the ball out of the ground. So that's the continuous evolvement. That is why it is said the equity lies at the foot of the chancellor. And I jokingly always say it varies according to the size of the foot, the equity. If the person is liberal, equity is larger. If the person is conservative, equity is smaller. That's what is the social jurisprudence is. Yes, sir. The entire background of the lawyer or the judge where it comes from, it does help. If one is a corporate lawyer, he feels that everybody is having a good Gala time in the profession. While he's running from the scratch, he feels that no, every, every penny does count. So I think we don't have the any questions. I'm just reminded that justice must not only be done, but it must be seen to be done in the basic process. And what you rightly said that we should not act as a master, but they're all handmaids of truth. I am reminded of Justice Krishna here. Way back in the judgment in this Dolly, it was Dolly Chandra or another judgment, 87 Supreme Court and another judgment which said that you should not throw out someone on the grounds of technicalities. But you have to see what relief has to be given. 87 Supreme Court, Dolly Chandra and then that judgment is again of Justice Krishna here, relied upon, which says that you have to consider. So we have amongst us, I'm just checking it out. One person who has also helped us to connect. Mr. Govind Kumar, if he's there, we will ask him to propose a vote of thanks. Yeah. Mr. Govind, could you unmute yourself? Govind Kumar Chaturvedi. Hello, hi. Thank you, Mr. Vikas. And thank you for Mr. Holler for such an interesting and enlightening session. I'm the founder for Creative League and I would like to thank you for finally taking out the time and for being there with us. This was such an insightful interesting aspect for all of us young lawyers practicing all over the country. I'm actually from Delhi. The reason I don't have my video on is because there's a thunderstorm here and the electricity has been knocked out in all most of the area. I apologize for that. And I would just like to thank Mr. Vikas from Beyond CLC, Mr. Vikram from Thai Vikram and Associates, Mr. Raghav Arora from Loyas Club India for organizing this great session, where we all learned all so much. Thank you. Thank you, everyone, for being a part of this. Raghav, for a minute, you could unmute yourself. Yes. Raghav, can you hear me, sir? Yeah, yeah. Sir, I actually have received one or two questions if I can proceed with them. Yeah, yeah. So, Mr. Holler, first of all, an excellent session. Actually, I was reminded of one of my teachers who said there is always a difference between when a teacher teaches and when a practicing advocate teaches. And we could see the difference in this webinar. And you came out with many pertinent points that we sometimes are very shippy to follow because we do not think that we can improvise or we do not think we can take that risk if at all it is a risk. And other things we are too lazy to follow. So, many interesting things that we can follow for our improvement. So, coming on to the questions, I have received two questions. I'll just combine them. And it's an interesting question. Mr. Nikhil asked, if we have to go short on planes and petitions, how short should we go? And when we make short petitions, take less time to do the work, the client do not tend to pay us like we asked. So, how do we tackle that? He is absolutely right. Many a times, you know, I have always jokingly said, when you draft a lease deal, when you go to a Bombay solicitor, he will give you a 50-page lease deal. If you go to a Mobsil lawyer, he'll prepare a four-page, very concise, precise lease deal. And the lawyer in Bombay might charge at least about 5 lakhs of rupees. The client will gladly pay because it's 50 pages. If even the Mobsil lawyer asks even for a lakh, he'll say, what is this? For four pages, one lakh, each page is 25,000. So, the lawyer is right. But then we must also remember that a judge will appreciate a better drafted plane, not a voluminous plane, which is full of gibberish. So, I would say, take the balance of the two. Not too lengthy, not too short, because you are right. As young lawyers, if you prepare a two-page draft of a plane, encapsulating everything, the client will not pay you. You will not be able to survive. Maybe at that time, you will have to prepare a draft CAF 5 pages or 10 pages, not 100 pages, definitely not. But in a lawyer, they say that even if they write 100 pages, it says it's my brief. That's one of the things. And just as you said in the Jocular, a language, it is said that if a man takes a cow to a MBBS doctor, he will say it's a straightaway, it's a cow. And if you take to an MB, he will say that first show the x-ray. And if you take to a super specialist, he will say, I will not touch the and tell you what it is until unless you bring all the reports, including the blood test. Only I will tell whether it's a cow or what type of cow it is. So they say the super speciality only comes with that. And on a parting note before I asked Vikram, it is said that there was a ship which was not being repaired. And they tried a lot that didn't get start. Ultimately, a man comes, he triggers off the point and starts, they say, what is the bill charge? He says, it's five lakhs. He said, only for starting five lakhs, you give the bill, how do you justify it? He says, 50 rupees for the nut bolt which I had installed, but 499,950 for the knowledge which had inculcated within my mind for the purposes of where the screw should be screwed up. And then the ship should work. So it's all for the lawyers in the professional, which we have paid for our knowledge, because everyone has the book, but where to use, how to use is what we have learned today. And we are all thankful the way you have expressed the things in a precise manner. Vikram Vikram, what a thanks. And before we part for today, tomorrow, friends, it will be another facet. Again, a person from Karnataka whose sessions we are taking out and have been well received, it will be case in cross case under the criminal jurisprudence. Practice and procedure is by Vishwanath V. Angadhi. So do stay connected with us tomorrow at 6 p.m. to learn the important perspectives under the criminal jurisprudence. Over to you, Vikram, for the vote of thanks. Thank you so much, Mr. Vikas Chatrath. Once again, my apologies. I'm not able to switch on my video. I have some inconvenience. Sir, thank you so much. It was a very informative session. Thank you so much for accommodating us despite your busy schedule. I know courts are functioning full spring, whether it is virtual or physical, but I know how busy you are. In spite of such a busy schedule, you have accommodated us. Thank you so much, sir. Thank you so much. Once again, I would also like to thank Mr. Vikas Chatrath, Mr. Govind Chaturvedi, Mr. Raghav Arora, and all the participants. Thank you so much. So before we part for the day, I would like to tell you the amount of viewership we were getting at the Facebook and the YouTube. I think it will be one of the highest. And thank you for the shows, your immense popularity amongst the people at large, and sorry for the initial glitches. And in the law, they say that you need not read the entire judgments. Vikram has shared the names of everyone, as a similar order to be followed for everyone, for thanking everyone. Thank you. In fact, you are just now repeating it. Sorry, you are saying about a joke. There's another joke. It is said that, you know, one mechanic, he started a car. It's a stop, the surgeon's car. And he charged him 50 rupees. Then he turned around to the surgeon and told the surgeon, look, I have started this car. When you operate and then, you know, start the harp, you are also like me. You start the harp and the engine starts running. So the surgeon said, and you charge lakhs of rupees. Surgeon said, yes. But what you must try to do is you must start the car when the engine is running. You must repair the car or the carburetor or the engine when it is running. That's the difference he said, because the person is alive and the heart operation is undertaken when the person is alive. So, again, by the parting shot, I will say that a person buys a Mercedes after two kilometers, the vehicle has stopped. He opens the E and he finds there's no engine. He opens it up and he complains to the Mercedes. He says that, you see, the Mercedes, you have sold me in lakhs and there's no engine. They say you only bought the Goodwill and because of the Goodwill, it ran for two kilometers. Thank you for the day and stay connected. Just a small, I wanted to add something in between. I think three, four years back when Sir was advocate general, I had opportunity, Sir was appearing on behalf of State and the court had requested Sir for some information and Sir came and he was for the petitioner and Sir told, Milord's petition is so bald and he laughed that triggered