How to File a Counter Affidavit in Court: Format, Documents & Filing Process

Knowing how to file a counter affidavit is essential when you need to respond to a petition or allegation in court. A counter affidavit lets you clearly deny, explain, or challenge the claims made against you. If you don’t file it on time, the court may treat the petitioner’s statements as true. Understanding the right format, timing, and process helps you protect your rights and build a strong defence.

What is a Counter Affidavit?

A counter affidavit is a sworn written statement submitted by a respondent to contest, clarify, or deny the allegations made in a petition or affidavit. It presents the respondent’s official version of facts, supported by evidence and explanations, ensuring the court hears both sides of the dispute. The respondent who signs the document (the affiant) is legally accountable for the truthfulness of every statement made.

When Do You Need to File a Counter Affidavit?

A counter-affidavit is a mandatory procedural step in litigation when a party must formally respond to allegations against them. [1]

• You receive a writ petition in High Court or Supreme Court: Whenever a writ petition (such as habeas corpus or mandamus) is filed, the respondent government authority or individual must file a counter-affidavit to justify their actions or contest the claims.
• You are named as a respondent in a civil or criminal case: In various civil or criminal cases where the petitioner relies on an affidavit to present their facts, the respondent must file a sworn counter-statement to rebut those facts.
• You wish to contest or clarify allegations made in an original affidavit: If the original affidavit contains misrepresentations or factual errors that could adversely affect your rights, a counter affidavit is essential to correct the record and present your true position.
• The court specifically directs you to submit a written counterstatement: In many interlocutory applications or specific court proceedings, the judge may issue an order explicitly requiring the opposing party to submit a formal written response under oath.

What Documents & Details Are Required?

A counter-affidavit must be drafted with precision, in strict legal format, and include specific information and supporting documents. [1]

• Caption of the Case: The complete case details must be included, such as the full name of the Court (e.g., High Court of Delhi), the case type, and the correct petition number.
• Name and Details of Respondent(s): The full name, address, and legal description of the individual or entity filing the counter affidavit.
• Statement Admitting/Denying Allegations: This is the most critical part. The affidavit must address the petitioner's allegations paragraph by paragraph, clearly stating which facts are admitted, denied, or disputed.
• Respondent’s Version of Facts: The document must contain a new section presenting the respondent's own version of the facts, evidence, and legal arguments supporting their defence.
• Signature and Notarization of the Deponent: The affidavit must be signed by the person making the declaration (the affiant). The signature must be authenticated by a Notary Public, a process that ensures the notary attestation process is completed.
• Supporting Evidence/Document References: All documents that support the respondent's claims (e.g., contracts, receipts, official letters) must be listed, attached as annexures, and referred to explicitly within the text of the counter affidavit.

How to File a Counter Affidavit?

Filing a counter affidavit is a time-sensitive, multi-step legal process that must adhere to the rules of the court in question (Code of Civil Procedure, 1908). [1]

• Step 1: Draft the document meticulously, ensuring it adheres to the prescribed legal format of the court, addresses all allegations, and includes the required Verification and Oath clauses.
• Step 2: The affiant must sign the counter affidavit in the presence of an authorized officer (Notary Public or Oath Commissioner) to swear that the contents are true. This solemn affirmation lends the document legal gravity.
• Step 3: The finalized, notarized counter affidavit, along with the supporting documents (annexures), must be submitted to the registry of the relevant court within the time frame specified by the court's rules.
• Step 4: As per court rules, the respondent must legally "serve" a complete copy of the counter affidavit to the petitioner or their legal counsel, proving that the other side has been formally notified of the defence.
• Step 5: The court registry issues a formal acknowledgement stamp and receipt upon submission. This document must be securely kept to prove that the counter affidavit was filed within the deadline.

Counter Affidavit vs Reply Affidavit

The timing and purpose of these two similar affidavits are distinct and critical to the court's procedural workflow. [1]

Costs to File Counter Affidavit

Statutory fees, stamp duty, and professional drafting charges primarily determine the counter-affidavit price. The actual filing fee before a court or tribunal is usually minimal and determined by the state's Court Fees Act. The major component of the cost includes the stamp paper used for the document and the fee paid to the Notary Public for their services, which are set by the duties of a notary public.

Why Filing Correctly Matters?

Failure to file a counter-affidavit correctly or on time can lead to severe consequences for the respondent's case.

• Non-compliance with court rules may render it inadmissible: The document may be rejected if it is not notarized, lacks proper verification, or fails to meet the formatting standards of the court (e.g., improper margin or font), resulting in it being inadmissible as evidence.
• Missing service to opposing party can lead to default: If the respondent fails to serve a copy to the petitioner, the court may deem the respondent absent from the proceedings and pass an order against them by default.
• Incorrect or incomplete facts may weaken your position: If the counter affidavit contains inaccurate or incomplete information, the court may give more weight to the facts presented by the petitioner, weakening your entire defence.
• Liability for Perjury: Submitting an intentionally false statement in a counter affidavit is a grave offence punishable under Section 193 of the Indian Penal Code, carrying the potential for imprisonment.

Counter Affidavit Format

IN THE COURT OF __________________________
Case No.: _________________________________
Petitioner: ________________________________
Respondent: ________________________________

COUNTER AFFIDAVIT

I, [Name of Respondent], aged [Age], residing at [Full Address], do hereby solemnly affirm and state as follows:

1. Introduction

1. That I am the Respondent in the above-mentioned case and am fully competent to swear this affidavit.
2. That I have read and understood the contents of the petition filed by the Petitioner.

2. Preliminary Submissions

1. That the statements made in the petition are false, incorrect, or misleading unless specifically admitted herein.
2. That the petition is not maintainable on facts and law.

3. Para-wise Reply to the Petition

Para 1: (Your reply)
Para 2: (Your reply)
Para 3: (Your reply)
Continue replying to each paragraph clearly and specifically.

4. Statement of Facts

Provide your version of facts, evidence, documents, and supporting details that contradict or clarify the petitioner’s allegations.

5. Legal Grounds

State relevant legal provisions, case laws, or procedural defects that support your defense.

6. Prayer

In view of the above facts and submissions, the Respondent humbly prays that this Hon’ble Court may be pleased to:
a) Dismiss the petition filed by the Petitioner; and/or
b) Grant any other relief deemed appropriate by this Hon’ble Court.

Verification

I, [Respondent’s Name], the deponent above-named, hereby verify that the contents of paragraphs ___ to ___ are true and correct to my knowledge, and nothing material has been concealed.

Verified at [City] on this [Day] of [Month, Year].

Signature of Deponent

Name: ____________________
Address: __________________
Contact: __________________

Signature of Advocate (if any)

How NoBroker Can Assist with Affidavits and Notary Needs

Navigating the procedural and legal precision required for how to file counter affidavit is a demanding task. NoBroker simplifies this process by providing comprehensive legal support. We assist with the meticulous drafting of counter affidavits and other legal declarations, ensuring they are correctly formatted and sworn under oath. We facilitate the entire process, including digital notarization on e-affidavit, which is legally valid, and guide you on the procedural steps for submission to the court registry.