Many Indian pleadings still sound as if they were written in the nineteenth century. Expressions such as “all that piece and parcel of land,” “comprised in survey number,” or “the said property” continue to appear in plaints, written statements, and deeds. These phrases are familiar to lawyers, but they often add length without adding meaning.
A clearer and more modern drafting style is both possible and desirable. This note explains the historical roots of verbose legal drafting in India and suggests practical ways to write pleadings that are shorter, clearer, and easier for courts to read.
The Historical Roots of Verbose Legal Language
Much of Indian legal drafting traces its style to the British colonial courts established in the nineteenth century. Victorian legal writing in England was highly formal and often repetitive.
Lawyers frequently used paired or grouped expressions such as “null and void,” “cease and desist,” or “give, devise, and bequeath.” These combinations were partly historical and partly the result of a cautious effort to cover every possible interpretation.
When British legal institutions took shape in India, this verbose drafting style came with them. Over time, lawyers began copying earlier pleadings rather than writing afresh. Clerks maintained precedent books, and standard phrases were repeated from one document to another.
As a result, many expressions that once had stylistic or historical significance gradually became ritual formulas rather than meaningful language.
Common Clichés in Indian Pleadings
Several traditional expressions survive in pleadings even though simpler alternatives convey the same meaning.
| Traditional phrase | Clearer alternative |
|---|---|
| All that piece and parcel of land | Land |
| Comprised in / compassed in Survey No. | In Survey No. |
| Together with building thereon | With a building |
| The said property | The property |
| Aforesaid | That / the |
| Do hereby agree | Agree |
| More fully described in the schedule hereunder | Described in the Schedule below |
Removing these phrases does not change the legal meaning of the document.
Traditional vs Modern Property Description
A traditional property description might read:
“All that piece and parcel of land measuring 20 cents together with a building thereon comprised in Survey No. 23/25 of Kollam Taluk, more fully described in the schedule hereunder.”
The same information can be expressed much more simply:
“20 cents of land with a building in Survey No. 23/25, Kollam Taluk, described in the Schedule below.”
Both descriptions convey the same facts, but the second is clearer and easier to read.
Avoiding Unnecessary Words
Another habit in pleadings is the frequent use of unnecessary words such as “that.”
Example:
“The plaintiff submits that the defendant agreed that the property would be sold for Rs.5,00,000 and that the defendant later refused to perform the agreement.”
A clearer version is:
“On 10 March 2023 the defendant agreed to sell the property to the plaintiff for Rs.5,00,000. The defendant later refused to perform the agreement.”
Direct statements of fact usually communicate the point more effectively.
A Simple Sentence Pattern
Many well-drafted pleadings follow a simple structure:
Date – Actor – Action
For example:
- On 10 March 2023 the defendant executed an agreement to sell the property to the plaintiff for Rs.5,00,000.
- On the same day the plaintiff paid Rs.1,00,000 as advance.
- On 15 June 2023 the plaintiff demanded execution of the sale deed.
- The defendant refused to perform the agreement.
This structure allows the reader to see immediately when, who, and what happened.
One Fact per Paragraph
Separating facts into short numbered paragraphs also improves clarity.
- On 10 March 2023 the defendant agreed to sell the property to the plaintiff for Rs.5,00,000.
- On the same day the plaintiff paid Rs.1,00,000 as advance.
- The defendant agreed to execute the sale deed within three months.
- The defendant later refused to perform the agreement.
Each paragraph contains a single factual statement, making the narrative easier for the court to follow.
Drafting a Clear Property Schedule
Property disputes frequently arise because the property description in pleadings is incomplete or unclear. A strong property schedule usually includes several identifying elements:
- Extent of the property
- Survey number (and resurvey number if available)
- Village
- Taluk
- District
- Boundaries
- Building or door number (if applicable)
For example:
Schedule of Property
Land measuring 20 cents with a residential building situated in:
Survey No.: 23/25
Village: ______
Taluk: Kollam
District: Kollam
Boundaries
North – ______
South – ______
East – ______
West – ______
Including the village name is particularly important because the same survey number may exist in different villages.
Judicial Observations on Property Identification
Indian courts have repeatedly emphasised that property descriptions must be clear enough to identify the land on the ground.
The Supreme Court in Subhaga & Ors vs Shobha & Ors [2006 AIR SCW 4855] observed that when there is a discrepancy between different descriptions—such as extent, survey number, or boundaries—boundary descriptions often prevail, because they provide the most reliable method of identifying the property physically.
High Courts have similarly noted that survey numbers may change after resurvey and measurements may sometimes contain clerical errors. Boundaries referring to neighbouring properties, roads, canals, or other physical features often allow the land to be located with greater certainty.
For this reason, careful drafting includes multiple identifying details, ensuring that the property can still be identified even if one element later proves inaccurate.
A Practical Lesson from Litigation
Many property suits arise not because parties disagree about ownership, but because the property described in the pleadings cannot be clearly identified.
Courts frequently appoint commissioners or surveyors to locate the property on the ground. When pleadings contain a clear property schedule with survey number, village, extent, and boundaries, this process becomes far easier.
Good drafting therefore serves not only clarity in pleadings but also effective execution of decrees.
The Guiding Principle in Legal Drafting
Clear legal writing follows a simple rule:
If removing a word does not change the meaning, the word probably does not need to be there.
Short sentences, direct statements of fact, and well-structured property schedules make pleadings easier for courts to understand and reduce unnecessary disputes.
Clarity in drafting is not merely a stylistic preference. It is an essential part of good legal practice.
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