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Legal Format & Draft

Application for Counter-claim of the Defendant: Format

Reference draft used in Indian courts — replace the blanks with your own case details.

IN THE COURT OF.................... in
Suit No..................... of 19........................................
......................................................................... Plaintiff
versus
...................................................................... Defendant
Sir,
The counter-claim of the defendant is most respectfully submitted as under:
1. That the defendant paid Rs.................... towards House tax and Rs..................... towards water-tax of the house No..................... in occupation of the defendant as tenant of the plaintiff.
2. That the defendant has also got fixed a shutter in the shop in the said house at the cost of Rs..................... with the permission of the plaintiff.
3. That as aforesaid the plaintiff owes Rs..................... in total to the defendant.
4. That the defendant claims the aforesaid amount from the plaintiff in connection with the accommodation in question about which arrears of Rent Rs..................... are claimed by the plaintiff from the defendant.
5. That adjusting the arrears of rent aforesaid, the defendant’s Rs..................... remain due from the plaintiff which are claimed from the plaintiff besides the adjustment aforesaid.
6. That this counter-claim is valued at Rs..................... and this court has pecuniary jurisdiction to decide the matter.
7. That ad valorem court fee is paid on the amount claimed by the defendant from the plaintiff.
8. That the relief claimed by way of this counter-claim is the arrears of rent claimed by the plaintiff may be adjusted from the amount due from the plaintiff or the defendant as aforesaid, and the remaining amount of Rs..................... may be decreed from the plaintiff to the plaintiff.
It is accordingly prayed.
Plaintiff
Place:....................
Through Advocate
Dated:....................
VERIFICATION I,.................... defendant verify that the contents of paras 1 to 8 of the counterclaim are true to my personal knowledge. That no part of this counter-claim is false and nothing material has been concealed.
Verified this.................... day of..:................. 19.................... at....................
List of Documents Filed
1.....................
2.....................

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Civil Litigation team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our civil litigation team drafts, files and argues these applications in Kolkata courts.

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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

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