Legal Glossary · Court Documents
Counter-Affidavit: Meaning, Explained Simply (2026)
A counter-affidavit is the sworn reply that the opposite party files to answer the affidavit or petition filed against them. It is most common in writ petitions and in applications, where the respondent puts their version of the facts on oath and denies or explains what the petitioner has claimed. The idea is simple: the petitioner states their case on oath, and the counter-affidavit lets the other side state theirs. This page explains what a counter-affidavit means in plain words, when it is filed, what it must contain, a short Indian example, and how it differs from a rejoinder and a written statement. This is general information, last verified October 2026, and not legal advice.
- Meaning: the sworn reply filed by the opposite party to answer a petition or affidavit.
- Who files it: usually the respondent, most often in writ petitions and applications.
- Must contain: preliminary objections, a paragraph-wise reply, the respondent's version, verification and attestation.
- Tip: deny each important allegation specifically; an unaddressed fact can be treated as admitted.
- Next step: the petitioner may file a rejoinder to reply to new points.
01What a counter-affidavit is
A counter-affidavit is the sworn reply filed by the opposite party, usually the respondent, to answer and deny the facts stated in the petitioner's affidavit or petition. It sets out the respondent's version on oath, paragraph by paragraph, so the court has both sides on record.
Like any affidavit, a counter-affidavit is a statement of facts made on oath before a notary or authorised officer. What makes it a "counter" affidavit is its purpose: it is filed in response to someone else's affidavit or petition, to oppose it. For the basics of the document itself, see our note on the meaning of an affidavit.
A petition states one side’s case on oath. A counter-affidavit is the other side’s answer, also on oath, so the court can weigh both.
02When a counter-affidavit is filed
A counter-affidavit is filed after the petitioner has filed a petition or an affidavit, and the court has given the respondent an opportunity to reply. It is very common in:
- Writ petitions: in the High Courts and the Supreme Court, the respondent (often a government body) files a counter-affidavit answering the petition.
- Interlocutory applications: where one party files an application supported by an affidavit, the other party replies by a counter-affidavit.
- Other affidavit-based proceedings: wherever the court decides a matter on affidavits rather than oral evidence.
Courts usually fix a time to file the counter-affidavit. If the respondent does not file one, the court may proceed on the material on record. The reply is typically filed as an interlocutory application document within the pending matter.
03What a counter-affidavit must contain
A good counter-affidavit answers the petition clearly and on oath. It usually has:
- Preliminary objections: any threshold points, such as that the petition is not maintainable or is barred.
- Paragraph-wise reply: the respondent answers each paragraph of the petition, admitting, denying or explaining the facts. A fact not clearly denied can be treated as admitted, so denials should be specific.
- The respondent's own version: the facts the respondent relies on.
- Verification: a statement of which facts are true to personal knowledge and which on information and belief, with place and date.
- Attestation: signed by the deponent and sworn or affirmed before a notary or authorised officer.
Affidavits in civil matters are guided by Order XIX of the Code of Civil Procedure, 1908 and by the rules of the court concerned; different courts have their own rules on the form of a counter-affidavit.
A plain tip
Deny each important allegation specifically and state your own facts clearly. Vague or general denials are weak, and a fact you do not deal with can be read as admitted.
04A simple Indian example
Suppose a person files a writ petition in the High Court claiming that a government department wrongly cancelled a licence. The petition is supported by an affidavit setting out the facts.
The department, as respondent, files a counter-affidavit. In it the department first raises a preliminary objection that the petitioner had an alternative remedy, then answers the petition paragraph by paragraph, denies that the cancellation was wrong, and sets out its own reasons and documents. The court now has both the petitioner's case and the department's reply on oath, and can decide the matter on these affidavits.
05Counter-affidavit vs rejoinder vs written statement
These three replies get mixed up. The key is who files, and at what stage.
| Document | Who files it | What it does |
|---|---|---|
| Counter-affidavit | Respondent / opposite party | Answers the petition or affidavit on oath |
| Rejoinder | Petitioner | Replies to new points raised in the counter-affidavit |
| Written statement | Defendant in a civil suit | The formal defence to a plaint in a regular suit |
So the order of play in an affidavit-based matter is usually: petition, then counter-affidavit by the respondent, then rejoinder by the petitioner. A written statement is a different thing, used to defend a regular civil suit filed through a plaint, not a petition.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A reader who wants to see how courts have actually treated counter-affidavits, for example the effect of a vague denial or a failure to file one, can look up those judgments on Claw. Claw searches across 30 crore+ judgments from 9,102 courts, benches and forums, with results in under 5 seconds, and its Legal GPT helps you find how courts have applied a point. Coverage runs from the Supreme Court since 1950 and High Courts since 1990. Claw does not train on customer documents. You can create a FREE Claw account to study the case law behind the term. Claw is a research tool, not a substitute for advice from your own advocate.
07Sources and further reading
Check the current text of the law before relying on it:
- India Code (official text of the Code of Civil Procedure, 1908, including Order XIX): indiacode.nic.in
- Supreme Court of India (official rules and judgments): sci.gov.in
- Claw: clawlaw.in
This page is general information, last verified October 2026, and is not legal advice. The form of a counter-affidavit differs by court, so follow the rules of the court you are filing in.
08Frequently asked questions
What is a counter-affidavit?
A counter-affidavit is the sworn reply filed by the opposite party, usually the respondent, to answer and deny the facts stated in the petitioner's affidavit or petition. It sets out the respondent's version on oath, paragraph by paragraph, so the court has both sides on record.
Who files a counter-affidavit?
The opposite party files it, usually the respondent. It is most common in writ petitions, where the respondent, often a government body, answers the petition, and in applications where one side has filed a supporting affidavit.
How do I file a counter-affidavit?
After the court gives you time to reply, prepare a sworn affidavit that answers the petition paragraph by paragraph, raises any preliminary objections, states your own facts, and is verified and attested before a notary or authorised officer. Follow the form and time limit set by the court.
What happens if I do not file a counter-affidavit?
If the respondent does not file a counter-affidavit within the time allowed, the court may proceed on the material already on record. The petitioner's unanswered facts may carry more weight, so filing a proper reply matters.
What is the difference between a counter-affidavit and a rejoinder?
A counter-affidavit is filed by the respondent to answer the petition. A rejoinder is filed by the petitioner to reply to the new points raised in the counter-affidavit. The counter-affidavit comes first, then the rejoinder.
Is a counter-affidavit the same as a written statement?
No. A counter-affidavit answers a petition or affidavit, mainly in writ and application matters. A written statement is the formal defence filed by a defendant in a regular civil suit that was started by a plaint.