In law courses, there is a subject of Drafting and Pleadings. All papers to be filed in Courts must conform to certain rules.
Nothing but that which is relevant, necessary and brief.
But if we scan rules and laws, there are no prescriptions about maximum length of pleadings to be filed in courts.
Over years, many judges have tried to curtail size of pleadings. But without any success. The pleadings continue to be of unlimited length.
There is an unwritten law which is not taught in law colleges. The more lengthy and more pages of pleadings means more money for lawyers.
This unwritten law continues to stretch size of pleadings in courts.
In one judgement Supreme Court has criticised the casual way in which affidavits are drafted and filed. In recent judgement, Supreme Court criticised the way Delay Condonation applications are drafted, filed and the casual way in which they are dealt by judges.
At one point in past, Supreme Court set up a Committee to decide how Special Leave Petitions in Supreme Court should be drafted and filed. Rules were amended. Forms were prescribed.... And yet, it is same.
Every year Supreme Court takes examinations to select advocates who can draft well. But this has no meaning. Because even those who have not taken any such examinations are also allowed to draft petitions of Supreme Court.
People often complain that judge had not read what was written in case. This has more to with quality and quantity of pleadings, and less to do with efficiency of Judge.
Haresh Raichura
7/11/13
