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The defendant can make a counter claim even after filing the written statement but that should be before the commencement of recording of evidence. Generally, an amendment once allowed will relate back to the date of filing of the plaint/written statement.
Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has injured the defendant in some way, and should pay damages. ("You're suing me? Well then, I'm suing you.") It may be filed separately or as part of the answer.
Write a short and plain statement of the counterclaim(s). Do not make legal arguments. State as briefly as possible the facts showing that you, the defendant / counterclaim plaintiff, are entitled to the damages or other relief sought.
You should respond to the counterclaim as though it were a Statement of Claim and you were drafting a Defence: respond to every paragraph ? you can do this paragraph by paragraph if necessary; deny any allegations of fact that you do not admit ? you will be deemed to admit facts that you forget to plead to; and.
A counterclaim should start with a topic sentence that acknowledges the opposing side and references the previous paragraph to create a smooth transition. Counterclaims should also include credible sources as evidence for the opposing side.