Plaintiff - Law Dictionary Search Results
Home Dictionary Name: plaintiffPlaintiff
Plaintiff [abbrev. pltf., or plff., fr. plaintif., Fr.], he who commences an action against another, who is called defendant.It includes:(i) any person from or through whom a plaintiff derives his right to sue. [Limitation Act, 1963, s. 2 (i) (i)](ii) any person whose estate is represented by the plaintiff as executor, administrator or other representative. [Limitation Act, 1963, (36 of 1963), s. 2]The word 'plaintiff' in order that the bar may be effective, include his assigns and legal representa-tives, Suraj Rattan v. Azamabad Tea Co. Ltd., AIR 1965 SC 295 (301). [Civil PC (1908), O. 9, R. 9]...
plaintiff
plaintiff [Middle French plaintif, from plaintif, adj., grieving, from plaint lamentation, from Latin planctus, from plangere to strike, beat one's breast, lament] : the party who institutes a legal action or claim (as a counterclaim) see also complainant, complaint, libellant compare defendant, prosecution ...
plaintiff in error
plaintiff in error :a party who proceeds by writ of error : appellant ...
third-party plaintiff
third-party plaintiff : a defendant who files a third-party complaint against a third party ...
Lessor of the plaintiff
Lessor of the plaintiff. See EJECTMENT....
Third party plaintiff
Third party plaintiff, means a defendant who files a pleading in an effort to bring a third party into the law suit, Black's Law Dictionary, 7th Edn., p. 1489....
complainant
complainant : the party (as a plaintiff or petitioner) who makes the complaint in a legal action or proceeding ...
petitioner
petitioner Often, the person who initiates divorce or marriage dissolution proceedings, also called the plaintiff. ...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
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