Ken Adams at the Koncision Blog provides a commentary about the continued use of the somewhat archaic language in contracts involving Indian parties. The examples he cites include “unless repugnant to the context or meaning thereof” and “NOW THIS MEMORANDUM WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:”
The simple question being posed is whether this usage aids effective interpretation of the contract or whether it hinders the same. The answer appears to be quite obvious.
Perhaps the plain-English drafting movement could pick up more steam in the Indian context.