Civil

Written Statement with Set-Off and Counter-Claim

A Written Statement is the defendant's formal defence in a civil suit, filed in response to the plaintiff's plaint. This version includes a set-off or counter-claim, allowing the defendant to assert an independent monetary claim or a related cause of action against the plaintiff within the same proceeding.

It is filed before the Civil Judge or District Judge under the Code of Civil Procedure, 1908. The pleading is governed by Order VIII Rules 1, 5, 6, and 6A, and must be verified as per Order VI Rule 15, with an affidavit in support.

Draft this in LexPilot — free How AI drafting works

Governing law: CPC 1908, Order VIII (rr. 1, 1A, 5, 6, 6A) r/w Order VI r.15 & 15A
Sections: s. Order VIII r.1s. Order VIII r.5s. Order VIII r.6s. Order VIII r.6As. Order VI r.15
Filed before: Civil Judge / District Judge

When this is the right filing

When the defendant needs to formally respond to every paragraph of a plaint, admitting, denying, or stating a lack of knowledge for each.
When the defendant has an ascertained sum of money legally recoverable from the plaintiff, to be claimed as a set-off under Order VIII Rule 6.
When the defendant has an independent right or claim against the plaintiff arising from the same transaction, to be filed as a counter-claim under Order VIII Rules 6A-6G.
When raising preliminary objections that question the maintainability of the suit, such as limitation, jurisdiction, or non-joinder of parties.
Do not use this specific format if the defendant has no monetary set-off or independent counter-claim; a standard written statement without these additional pleas is the correct filing.

What the court looks for

A specific and non-evasive response to every numbered paragraph of the plaint, as required by Order VIII Rule 5.
Preliminary objections pleaded as complete, positive defences, not as bare legal labels.
A set-off claim for an ascertained sum of money that is legally recoverable, distinct from a mere adjustment of accounts.
A counter-claim that is verified like a plaint, bearing its own court fee, and treated as a cross-suit.
A valid verification and supporting affidavit in the prescribed format under Order VI Rule 15.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

1Preliminary objections
2Reply on the preliminary submissions / facts
3Para-wise reply on merits
4Additional pleas / set-off and counter-claim
5Prayer
6Verification
7Affidavit in support
8Index / annexures

How it opens

15. That the contents of paragraph 3 of the plaint are not within the knowledge of the Defendant, who puts the Plaintiff to the strict proof thereof, and are accordingly denied.

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between a set-off and a counter-claim in a written statement?

A set-off under Order VIII Rule 6 is a defence claiming an ascertained sum of money from the plaintiff, which can reduce or extinguish the plaintiff's claim. A counter-claim under Order VIII Rule 6A is a broader, independent cross-suit for any right or claim arising from the same cause of action, and it must be verified and stamped like a plaint.

What happens if I do not specifically deny a paragraph in the plaint?

Under Order VIII Rule 5, every allegation of fact in the plaint that is not specifically or by necessary implication denied is deemed to be admitted. An evasive or general denial is not a valid denial and will not put the plaintiff's fact in issue.

Is an affidavit mandatory with this written statement?

Yes. Verification of the pleading is governed by Order VI Rule 15. For commercial suits, an affidavit in support is mandatory under Order VI Rule 15A. The format includes a dedicated verification and affidavit section to comply with these requirements.

Draft this in LexPilot — free

Free trial · Drafting assistance, not legal advice — always verify before filing.

More civil formats

All civil formats →