Set-off in Written Statement

IN THE COURT OF THE LEARNED court_designation, district

Civil Suit No. _____ of year

plaintiff_name ... Plaintiff

VERSUS

defendant_name ... Defendant

WRITTEN STATEMENT WITH PLEA OF SET-OFF UNDER ORDER VIII RULE 6, CODE OF CIVIL PROCEDURE, 1908

Respectfully submitted:

1. That the Defendant enters his/her appearance in the above-mentioned suit and submits this written statement in response to the plaint filed by the Plaintiff, in which the Plaintiff claims a sum of Rs. suit_claim_amount on the following grounds: suit_grounds.

2. That the Defendant denies the material allegations of the plaint and specifically denies being indebted to the Plaintiff in any manner whatsoever. specific_denials.

3. That factual_background. The transaction between the parties was transaction_nature.

4. That the Plaintiff has misrepresented the facts and has concealed material information from this Honourable Court. particulars_of_misrepresentation.

5. That the Defendant, in addition to denying the Plaintiff's claim, further pleads that defendant_counterclaim_basis, which is an ascertained sum of money legally recoverable from the Plaintiff, and therefore sets off a sum of Rs. set_off_amount against the Plaintiff's claim under Order VIII Rule 6, Code of Civil Procedure, 1908.

6. set_off_claim_detail_1.

7. set_off_claim_detail_2.

8. That the Defendant has evidence_of_set_off. The evidence of the Defendant's claim is available in evidence_location.

9. That the set-off claim is for set_off_nature which arose from set_off_origin_date and relates to set_off_subject_matter.

10. That both claims have the same character and both are common_character. Accordingly, the set-off is permissible and must be allowed under the law.

11. That the claim of the Plaintiff and the set-off claim of the Defendant arise from mutual_transaction_basis. The two claims are intertwined and interrelationship_detail.

12. That even if the Plaintiff succeeds in his claim, the Defendant is entitled to have the set-off amount of Rs. set_off_amount deducted from the decree, leaving the Plaintiff with only net_amount_if_set_off_allowed, if anything.

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, accept the plea of set-off raised by the Defendant under Order VIII Rule 6, CPC and deduct Rs. set_off_amount from the Plaintiff's claim;

(c) Pass a decree in favour of the Defendant for the net amount of set-off, if the Plaintiff's claim is found to be valid; and

(d) 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 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