Mind your Language when you are drafting a pleading: MHC

It is a primary duty of Legal Practitioners to be jealous in guarding the prestige of Courts and in maintaining dignityDignity αξιοπρέπεια > The basic dignity of a human has been protected by the Constitution and other Human rights Laws. If a man fails to provide it to another man, then he disrespects his existence and standing., decorum and decency in Courts. Nothing, whatever should be done which may bring a proceeding to ridicule or to run a Court into a platform for controversy of any kind, except disputes relating to, rights, duties and liabilities arising from the ConstitutionConstitution The Constitution encompasses the global system of rules governing constitutional authority. Simply reading selected provisions of the written text may be misleading. Understanding the underlying principles, such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities, is crucial. Democratic institutions must allow for ongoing discussion and evolution, reflected in the right of participants to initiate constitutional change. This right entails a reciprocal duty to engage in discussions. Democracy involves more than majority rule, existing within the context of other constitutional values. Therefore, a profound understanding of these principles informs our appreciation of constitutional rights and obligations. Read more or from the lawLaw νόμος:  Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article and procedure established thereunder.

(1960) JabLJ 86

MADHYA PRADESH HIGH COURTHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. (GWALIOR BENCH)

SINGLE BENCH

( Before : Shiv Dayal Shrivastava, J )

TULSIRAM Vs. RAMCHARANLAL

C. Rev. No. 172 of 1957

Decided on : 30-09-1959

Civil Procedure Code, 1908 (CPCCode of Civil Procedure Main Sections: Filing, Summons, Trial, Judgment, Execution, Appeal, Interim Applications, Interim Injunction, Cost, Notice Rules: Order VII. Statutory Drafting and Forms: General Pleding) – Section 115
Counsel for Appearing Parties

Motilal Gupta, for the Appellant; P.L. Inamdar, for the Respondent

ORDER

Shivdayal J.

1. This revision is a type of its own. The plaintiff’s suit is for issuance of an injunction on the ground that the defendants opened two new spouts which obstructed their right of easement and also caused nuisance. When the defendants filed their written statement, exception was taken by the learned Civil Judge Second class Gohad to the language used in the written statement and directed the defendants to correct it and to pay Rs. 10/-as adjournment costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs.. It is against that order that this revision application was filed on November 1957 and it has now come be fore me for hearing. The progress of the suit was obstructed by this revision.

2. The written statement is in Hindi script and apart from UrduUrdu In opposition to the Persian language, which was the language of the Mughals, either in court or in the market, the British East India Company made Urdu (Hindustani/Hindabi) one of its official languages in 1835, with the Arabic script. Urdu (Mixed Language or Rekhta> Apabhamsha + Persian + Arabic + Turkish) came into use in Delhi in or around 1700 CE. Now Urdu is the official language of Islamic Pakistan, mostly used by Punjabis. Moulvi Nazeer Ahmed's Urdu novel Miraat-ul-Aroos (1869) is probably the first novel written in Urdu. Urdu was never associated with any community, nor was it ever the mother tongue of any community. words, English words are also used. The grievance of Shri Motilal Gupta is that no objection could be taken to the use of Urdu or English words. If it were merely that, I would have set aside the order of the trial Judge because a Court cannot insist on a particular kind of Hindi to be used. The choice of words is also to be left to the draftsman. But it is unchallengeable that language of a pleading must be chaste, sober and dignified.

3. I would like to quote here a few sentences used in the written statement:–

4. The insistence of Shri Gupta is that appropriate Hindi equivalents of English legal terms are not known and further that there is no law which accords recognition to any English Hindi Dictionary. It is also urged that Hindi should be enriched by absorption of words of other languages. I am really at a loss to understand why these things should be dragged into law Courts.

5. I am filled with uneasiness when a look at the written statement gives me the impression that is was drawn in that fashion deliberately (a) either with the object of initiating a debate on what “Hindi” as the Court language should be according to the personal notions of the draftsman or (b) with the intentionIntention This means to “have in mind.” A plant to do a thing (Planning: premeditation is evident through evidence of active preparation, e.g., hoarding pills, purchase of weapon). It refers to the aim, purpose, or goal of the behavior, e.g., to seek an end to/solution. A conscious mental process to move precedes the brain’s preparation for movement. to ridicule Hindi” as too poor to provide appropriate equivalents to such words of the other languages as were desired to be used. If either of these impressions is correct, oven to. some degree, the spirit behind it is not commendable. It must be remembered that a law Court does not provide a forum for each thing. It is only desirable that political controversies remain outside the Court precincts. They can be fully discussed from other platforms.

6. If the language employed in this written statement was meant to make an exhibition of the draftsman’s knowledgeKnowledge Knowledge is derived from the process of an informed person integrating data from sense organs or intuition into their psyche. This concept is explored in the Vedic Nasadiya Sukta, which questions the possibility of ultimate truth or knowledge. In different languages, such as Greek, Latin, Sanskrit, and Chinese, knowledge is expressed as "η γνώση," "Scientia," "ज्ञानम्‌ ," and "知识 Zhīshì," respectively. of several languages, it was forgotten that it also demonstrated an extreme poverty of his vocabulary. I personally do not think that this kind of attitude earned any admiration or credit for him. However, the factFact Something तथ्य (In-formation) that truly exists or happens or some-thing that has actual existence. Circumstances: a fact or event that makes a situation the way it is. Indian Evidence Act: It means and includes— (i) anything, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. “facts in issue” means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows. remains that the type of language which is. used in the written statement, does not accord with the decorum in the Court nor with the sanctity of pleadings, Such a non-seriousness as is reflected in this written statement must be discouraged. May I put to him, who drew this written statement, what his feeling would be if in the Hindi script it were written:

meaning that ‘the defendants never discharged water from these spouts in these ten years’. Such an unwholesome mixture of several languages would, to say the least, make it a laughing stock.

7. If the draftsman so elected, it was permissible to have drawn the entire pleading in English. But the language used in this written statement is neither English nor Urdu nor Hindi; something peculiar has been produced,

8. I regard it a primary duty of Legal Practitioners to be jealous in guarding the prestige of Courts and in maintaining dignity, decorum and decency in Courts. Nothing, whatever should be done which may bring a proceeding to ridicule or to run a Court into a platform for controversy of any kind, except disputes relating to, rights, duties and liabilities arising from the Constitution or from the law and procedure established thereunder.

9. I do not see any ground for interfering in revision u/s 115 of the Code of Civil ProcedureCode of Civil Procedure Main Sections: Filing, Summons, Trial, Judgment, Execution, Appeal, Interim Applications, Interim Injunction, Cost, Notice Rules: Order VII. Statutory Drafting and Forms: General Pleding. It is in consequence dismissed with costs. The record shall be returned within three days. The parties shall appear before the trial Judge on October 14, 1959, when the defendant shall file the amended written statement in compliance with the order under revision