Counter-claim by Defendant

IN THE COURT OF THE LEARNED court_designation, district

Civil Suit No. _____ of year

plaintiff_name ... Plaintiff

VERSUS

defendant_name ... Defendant

WRITTEN STATEMENT WITH COUNTER-CLAIM UNDER ORDER VIII RULE 6-A, CODE OF CIVIL PROCEDURE, 1908

Respectfully submitted:

1. That the Defendant enters appearance and submits this written statement in response to the plaint, in which the Plaintiff seeks a decree for Rs. plaint_value on the grounds that plaint_grounds.

2. That the Defendant categorically denies the allegations made in the plaint and submits that main_defense.

3. defense_detail_1.

4. defense_detail_2.

5. That in addition to the defenses raised in the written statement, the Defendant files a counter-claim against the Plaintiff under Order VIII Rule 6-A, Code of Civil Procedure, 1908, for recovery of Rs. counter_claim_amount on the following grounds:

6. counter_claim_basis_1.

7. counter_claim_basis_2.

8. That the counter-claim arises from counter_claim_origin and relates to counter_claim_subject.

9. That the Defendant has supporting_evidence_counter_claim. The particulars of the counter-claim are as follows: counter_claim_particulars.

10. That the counter-claim is completely cognizable within the jurisdiction of this Honourable Court and is properly valued at Rs. counter_claim_value for purposes of court fees.

11. That the counter-claim can be conveniently dealt with in the present suit and does not require separate proceedings. The counter-claim and the original plaint arise from common_transaction_or_cause.

12. That in the event the Plaintiff's plaint is dismissed, the Defendant claims a decree for Rs. counter_claim_amount as damages, losses, and compensation from the Plaintiff.

13. That in the event both claims are found partially valid, the net liability shall be adjusted and a decree shall be passed for the higher amount owed, whether to the Plaintiff or the Defendant, as determined by this Honourable Court.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

(a) Dismiss the plaint of the Plaintiff with costs;

(b) Alternatively, partially allow the plaint to such extent as may be found by this Honourable Court, and adjust the counter-claim accordingly;

(c) Pass a decree in favour of the Defendant on the counter-claim for Rs. counter_claim_amount with costs;

(d) Award interest at the rate of interest_rate per annum on the counter-claim from interest_start_date until the date of payment; and

(e) Pass such further or other order as deemed just and proper in the circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of the above written statement and counter-claim are true and correct to the best of my knowledge and belief, and nothing material has been concealed.

_____________________________ defendant_name Defendant Through: _____________________________ counsel_name Advocate