What is the difference between plaintiff, defendant, petitioner, respondent, applicant, accused, complainant, appellant, decree holder, Judgment debtor.
In Indian courts, the
words plaintiff, defendant, petitioner, respondent, applicant, accused, complainant,
appellant, decree holder, Judgment debtor depict the parties involved in a
legal proceedings.
The terms plaintiff, petitioner,
applicant, decree holder and appellant are of equal or similar categories as
they describe and represent the first party in civil proceedings but they
differ slightly in the way of application and type of case.
Similarly the terms
defendant, respondent, accused, judgment debtor are of similar categories as
they describe and represent the second party in civil proceedings but these
terms are also differ slightly in the way of application and nature of case.
Who is Plaintiff ?
Plaintiff is
a person who initiates an action against opposite party in a civil case. For
illustration purpose if you file a suit for permanent injunction against
opposite party then you will be considered plaintiff. In simple word the person
who institute a plaint in the court is known as the plaintiff or if the persons
filing the plaint are more than one then they are known as plaintiffs.
Who is Defendant ?
Defendant is a person
against whom the plaintiff files a legal proceeding or civil suit. In simple
words the opposite party is called defendant or defendants.
Who is petitioner ?
Petitioner is
a person or individual who files a petition in court. A petition is simply a writ
filed in court. The petitioner invokes the help of a court to redress his
grievances. For example in case of public interest we file a writ petition
before a competent court.
Who is respondent
The respondent is a party or person against whom a petition is filed or we
can say the other party to a petition is called respondent. This respondent term is used in cases like Petition under
section 125 CrPC, Section 8 of Hindu marriage Act, Divorce petitions etc.
Who is applicant ?
The term applicant is
used when a person or individual files his plea by moving an application before
a forum or court. In this case, the first party is called applicant and against
whom we files the application is called respondent. Or in other word in an
application the filer of the same is known as the applicant or applicants and
the other party against whom the same is filed is known as respondent or
respondents as the case may be.
Who is accused ?
The accused is the
person charged with an offence. The term accused is preliminary used in
criminal cases or in complaint cases such as 138 N.I Act, in bail applications,
in cased filed by the State.
Who is complainant ?
The complainant is the
person who files a complaint against a person. The complainant is also
described as applicant. The opposite party in a complaint is called accused or
respondent. The complainant term used in cases such as 138 N.I Act, D.V Act
etc.
Who is appellant ?
Appellant is a
person or individual who appeals to a higher court in a case which has already
settled the dispute. When the party against whom a decision is announced, if he
is not satisfied by the decision he can further file an appeal in higher court
with a expectation to get the decision of lower court set aside. The opposite
party in an appeal is known as respondent.
Who is decree holder ?
The decree holder is a person
or individual in whose favour a decree has been passed by a court. The opposite
party to the decree holder is known as Judgment debtor.
Who is Judgment Debtor ?
The judgment debtor is a
person or individual against whom a judgment has been passed by the court and
he is ordered to pay money or debt or damages to another person. The term
decree holder and judgment debtor is used in execution petitions filed before
courts.
|
In legal Proceedings the parties
are described as under :- |
||
|
In Civil Suit |
Plaintiff
Vs |
Defendant |
|
In Petitions including Writ petitions |
Petitioner Vs |
Respondent |
|
In Criminal Proceedings |
Complainant Vs |
Accused |
|
In Executions |
Decree holder Vs |
Judgment Debtor |
|
In Appeal |
Appellant Vs |
Respondent |
Affidavit for caste certificate, Character certificate, correction in name, Ration card, scholarship etc.
Petition Under Section 8 of guardian and wards act for permission for permission to sale the property of minors
legal notice for recovery of money for goods supplied | Legal notice for non payment of dues | legal notice for non payment of bill.
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