Difference Between Plaintiff, Petitioner, Applicant And Appellant | By Advocate Sanyog Vyas
Who is the plaintiff and what are his rights?
What are the names of the parties in the trial
In most civil and business cases, the parties to the dispute are the plaintiff and the defendant. Civil plaintiffs and defendants may also take part in criminal proceedings within the framework of claims for compensation for harm caused by a crime. The claimant and the defendant are referred to as parties to the proceedings, that is, when there is a dispute about the law. In other categories of cases, parties may be called differently. So, the claimant and the debtor are involved in the writ proceedings. In cases arising from public relations and special proceedings, the initiator of the appeal to the court is the applicant.
The plaintiff is a person (legal or physical) who goes to court to protect his or her violated, challenged or unrecognized rights or interests. Also, the plaintiffs also include those in whose interests a lawsuit was filed by a third party. In turn, the defendants are those to whom the claims are addressed.
Within the framework of a single dispute, there can be several plaintiffs, as well as 2 or more respondents.This is called procedural complicity. For example, one plaintiff can sue several defendants at once. Likewise, several claimants may file a joint action with a single respondent.
What rights does the claimant have?
Before the beginning of the trial, the court explains the rights and obligations to the parties. After that, the court must make sure that their content is clear to the parties and does not need additional clarification.
The claimant, as a party to the case, has a number of procedural rights. So, he can change the subject and the grounds of the claim, abandon it, or increase or decrease the claim. A change in the subject of the claim will take place when the essence of the claim changes substantially. For example, initial debt collection requirements are replaced by transfer of property. The grounds for a claim change in connection with the revision of the arguments by which the claim was substantiated. At the same time, the requirements themselves remain unchanged.
The plaintiff may initiate the conclusion of a settlement agreement between the parties. It is understood as a documentin which the parties stipulate the procedure for the settlement of mutual claims. Since the court approved the settlement agreement, the proceedings will be terminated.
The claimant also has many other rights. He can appear in court in person or through his representative, give oral or written explanations of the essence of the dispute, file petitions and objections, provide evidence and participate in their research. In terms of obtaining new evidence, the plaintiff may raise the question of their recovery by the court. In addition, the plaintiff has the right to get acquainted with all the materials of the case and make extracts and copies of them, including through technical means.
If the claimant does not agree with the decision, then he has the right to appeal against him in the appeal and cassation proceedings, as well as to seek his revision in another manner established by law.
Video: What Is The Difference Between The Plaintiff And The Defendant?
Is The Respondent The Plaintiff Or Defendant?
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