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Legal drafting guide and sample pleading

Counter Affidavit Format for High Court: Reply to a Writ Petition

A counter affidavit is a sworn statement filed by a respondent to answer the factual allegations and legal grounds raised in a petition. This guide provides a practical sample for a civil writ petition before the Delhi High Court, including preliminary objections, paragraph-wise replies, a prayer and verification.

Important: This is a specimen, not a prescribed universal form. Adapt it to the actual petition, court orders, filing directions and applicable High Court rules. Do not swear to facts without personal knowledge or reliable records.

Legal basis and applicable provisions

  • Article 226 of the Constitution of India: empowers High Courts to issue directions, orders and writs for enforcement of fundamental rights and for other purposes. A counter affidavit ordinarily answers a writ petition invoking this jurisdiction.
  • Article 227: confers supervisory jurisdiction over courts and tribunals within the High Court's territorial jurisdiction, subject to constitutional limitations. The precise nature of the challenge determines the appropriate pleading.
  • Section 11, Code of Civil Procedure, 1908: states the principle of res judicata, restricting re-litigation of matters directly and substantially in issue that have been finally decided between qualifying parties. Its applicability to writ proceedings depends on the facts and established judicial principles.
  • Order XIX, Rules 1 to 3, CPC: concern proof by affidavit, attendance for cross-examination and restrictions on affidavit contents. Section 139 CPC addresses persons authorised to administer oaths on affidavits under the Code.
  • Delhi High Court (Original Side) Rules, 2018, Chapter XIX: provides rules on the form, content, attestation and use of affidavits on the original side. These rules should not automatically be treated as the complete procedure for every writ matter; relevant writ-side rules and current practice directions must also be checked.
  • Delhi High Court e-Filing Rules, 2021: govern electronic filing within their notified scope, alongside subsequent directions and technical requirements.

Official references: Constitution of India; India Code (search CPC, 1908); Delhi High Court court rules; Delhi High Court e-Filing resources; and latest notifications and practice directions.

Specimen counter affidavit for a High Court writ petition

IN THE HIGH COURT OF DELHI AT NEW DELHI
(WRIT JURISDICTION)
W.P.(C) NO. [NUMBER] OF [YEAR]

IN THE MATTER OF:

[NAME OF PETITIONER(S)] … Petitioner(s)
VERSUS
[NAME OF RESPONDENT(S)] … Respondent(s)

COUNTER AFFIDAVIT ON BEHALF OF RESPONDENT NO. [NUMBER]

I, [FULL NAME], aged about [AGE] years, [RELATIONSHIP, IF RELEVANT], residing at [COMPLETE ADDRESS], presently [OCCUPATION/DESIGNATION], do hereby solemnly affirm and state as follows:

Introductory averments

1. I am Respondent No. [NUMBER] in the above-captioned writ petition and am acquainted with the facts and records of the matter. I am competent and, where necessary, duly authorised to swear this affidavit. A copy of the authority, if applicable, is annexed as [ANNEXURE].

2. I have read and understood the writ petition and accompanying documents. I am filing this counter affidavit to place the relevant facts and my response before this Hon'ble Court.

3. Save to the extent expressly admitted herein, the allegations and contentions of the petitioners are denied. Each material assertion is answered specifically below. Any request to file additional material shall be made in accordance with the orders and permission of this Hon'ble Court.

4. Where relevant, I rely upon the pleadings, orders and records in Original Application No. [OA NUMBER/YEAR] and Contempt Petition No. [NUMBER/YEAR] before the Central Administrative Tribunal, Principal Bench, New Delhi, to the extent identified and annexed to this affidavit. Such records are not incorporated as a substitute for answering the specific allegations in the present writ petition.

I. Preliminary objections (use only if supported by the record)

5. Suppression of material facts: The petitioners have omitted to disclose [IDENTIFY THE MATERIAL ORDER, FACT OR PROCEEDING]. The relevant judgment/order dated [DATE] in [CASE TITLE AND NUMBER] is annexed as [ANNEXURE]. The omission is material because [EXPLAIN ITS EFFECT].

6. Previous adjudication / res judicata: The issue concerning [SPECIFY ISSUE] was previously determined by [COURT/TRIBUNAL] in [CASE DETAILS] by order dated [DATE]. The parties, issues, finality and other legal requirements supporting this objection are [EXPLAIN]. The answering respondent therefore submits that the petition is not maintainable to the extent barred by applicable principles of finality.

7. Alternative remedy or other maintainability objection: [SET OUT ONLY IF APPLICABLE, INCLUDING THE AVAILABLE REMEDY AND WHY THE COURT SHOULD DECLINE TO ENTERTAIN THE PETITION].

II. Facts and response on merits

8. Background: The respondent applied for the post of [POST / POST CODE] pursuant to recruitment notification [DETAILS]. The qualification possessed by the respondent is [COURSE, INSTITUTION, DURATION AND YEAR]. Relevant certificates are annexed as [ANNEXURE].

9. Qualification equivalence: The respondent submits that [IDENTIFY QUALIFICATION] meets the applicable eligibility/equivalence requirements under [RECRUITMENT RULE / NOTIFICATION / COMPETENT AUTHORITY DECISION] for the following reasons: [FACTS AND DOCUMENTS]. Equivalence must be established from governing rules or an authorised determination, not merely asserted.

10. Earlier decisions: The decision of the Hon'ble Supreme Court dated [DATE] in [CASE NAME, REVIEW PETITION / CIVIL APPEAL NUMBER] and the judgment of this Hon'ble Court dated [DATE] in [W.P.(C) NUMBER] are relied upon for [EXACT PROPOSITION]. Their binding effect, factual similarity and any express limitation on precedent are addressed at [DETAILS].

11. Age relaxation: The respondent claims eligibility for age relaxation under [RELEVANT RULE / NOTIFICATION / BINDING ORDER]. The respondent's date of birth, recruitment cut-off date and calculation of relaxation are [DETAILS].

12. Comparable appointments: The respondent relies, if relevant, on appointment/selection records relating to [CANDIDATE(S)] under post code [NUMBER], result notice/office order [NUMBER AND DATE], and RTI response dated [DATE]. These records are annexed as [ANNEXURES]. The alleged comparability is explained by reference to recruitment conditions, qualifications and relaxation rules; appointment of another person alone does not establish a legal entitlement.

III. Paragraph-wise reply

13. Reply to paragraph 1: The contents of paragraph 1 of the writ petition are [ADMITTED / DENIED / ADMITTED IN PART]. The correct position is [FACTUAL RESPONSE].

14. Reply to paragraphs 2 to [NUMBER]: [PROVIDE A SEPARATE, NUMBERED RESPONSE TO EACH MATERIAL PARAGRAPH; IDENTIFY DOCUMENTS AND ANNEXURES].

15. Reply to grounds and prayer: The legal grounds and relief sought are opposed for the reasons set out above and [ANY FURTHER SPECIFIC LEGAL SUBMISSIONS].

IV. Prayer

In view of the facts and circumstances stated above, it is respectfully prayed that this Hon'ble Court may be pleased to:

  1. Dismiss the writ petition, if the facts and law so warrant;
  2. Decline the reliefs sought against the answering respondent;
  3. Pass such other order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.

DEPONENT
Signature: [SIGNATURE]
Name: [NAME]
Place: [PLACE]
Date: [DATE]

Verification

Verified at [PLACE] on this [DAY] day of [MONTH, YEAR] that the statements in paragraphs [NUMBERS] are true to my personal knowledge; those in paragraphs [NUMBERS] are based on records identified therein which I believe to be true; and those in paragraphs [NUMBERS] contain legal submissions made on advice received and believed to be correct. No material fact within the scope of this affidavit has been knowingly concealed.

DEPONENT
[SIGNATURE]

Attestation: To be sworn/affirmed before an officer or authority competent under the applicable rules, with identification and endorsement as required.

Original DSSSB and CAT dispute: drafting considerations

The underlying example concerns a respondent opposing a writ petition involving the Delhi Subordinate Services Selection Board (DSSSB), a Central Administrative Tribunal (CAT) proceeding, a Supreme Court review petition, teacher-training qualifications and claimed age relaxation. The original draft also refers to a two-year Diploma in Education from Bhopal, a Primary Teacher Training (PTT) qualification from Jharkhand, other allegedly comparable appointees and RTI information.

When adapting the example, preserve the actual names, post codes, case numbers, dates, tribunal findings, recruitment rules, equivalence orders, result notices and appointment records. In particular, verify whether the Supreme Court decision was expressly confined to its facts before claiming that it governs another candidate's case. The source example ends mid-sentence in its discussion of additional appointees; no missing allegations or details should be inferred from it.

Practical filing checklist

  1. Confirm the case title, jurisdiction, case number, respondent number and deadline fixed by the Court.
  2. Answer each material allegation and ground specifically, separating admissions, denials and explanations.
  3. Attach a properly indexed and paginated set of relevant, legible annexures; verify each case citation and official order.
  4. State the source of knowledge and belief in the affidavit and complete the required verification and attestation.
  5. Comply with the Delhi High Court's current filing, service, formatting, electronic PDF and affidavit requirements, including any case-specific directions.

Frequently asked questions

Is a counter affidavit the same as a written statement?

No. A counter affidavit is a sworn response commonly used in writ and other petition proceedings. A written statement is a pleading ordinarily filed by a defendant in a civil suit under the applicable procedural rules.

Can a respondent make preliminary objections in a counter affidavit?

Yes. Jurisdiction, maintainability, suppression of material facts, delay and final adjudication may be raised where supported by the record and law. They should be stated precisely, not inserted as standard allegations without evidence.

Is a counter affidavit required to be notarised?

It must be properly sworn or affirmed before a competent authority as required by the applicable court rules. The acceptable attesting authority and filing process should be confirmed with the relevant High Court rules and registry.

Can a supplementary counter affidavit be filed later?

Additional affidavits may require the Court's permission or a specific procedural entitlement. A general reservation of rights in the first affidavit does not by itself guarantee permission.

This educational sample should be reviewed by a qualified advocate before filing. Court-specific rules, practice directions and orders prevail over a generic drafting format.