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Third Party Plaintiff - Law Dictionary Search Results

Home Dictionary Name: third party plaintiff

third-party plaintiff

third-party plaintiff : a defendant who files a third-party complaint against a third party ...


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....


Plaintiff

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 ...


Lessor of the plaintiff

Lessor of the plaintiff. See EJECTMENT....


third-party complaint

third-party complaint : a complaint filed against a third party by a defendant or plaintiff alleging that the third party is liable for all or part of a claim or counterclaim in dispute between the original parties ...


party

party pl: parties 1 a : one (as a person, group, or entity) constituting alone or with others one of the sides of a proceeding, transaction, or agreement [the parties to a contract] [a person who signed the instrument as a to the instrument "Uniform Commercial Code"] accommodated party : a party to an instrument for whose benefit an accommodation party signs and incurs liability on the instrument : a party for whose benefit an accommodation is made accommodation party : a party who signs and thereby incurs liability on an instrument that is issued for value and given for the benefit of an accommodated party secured party : a party holding a security interest in another's property third party : a person other than the principals [insurance against injury to a third party] b : one (as an individual, firm, or corporation) that constitutes the plaintiff or defendant in an action ;also : one so involved in the prosecution or defense of a judicial or quasi-judicial proceeding as t...


Set-off

Set-off, any counter-balance or cross-claim.A defendant's counter demand against the plaintiff, arising out of transaction independent of plaintiff's claim, Black's Law Dictionary, 7th Edn., p. 1376.The subject of a set-off under the former practice was a cross debt or claim, on which a separate action might be sustained, due to the party defendant from the party plaintiff. It was a defence crated by 2 Geo.2, c. 22, and had no existence at Common Law, and could only be pleaded in respect of mutual debts of a definite character, and did not apply to a claim founded in damages, or in the nature o a penalty, and the debt must have been due in the same right and between the same parties, and not a mere equitable demand. The defendant could not avail himself of a set-off, unless it were specially pleaded, and particulars thereof delivered with the plea.It is now provided by (English) R.S.C. 1883, Ord. XIX., r. 3, that a defendant in an action may set off or set up, by way of counter-claim a...


Parties

Parties, a suit under s. 92 of the code is thus a representative suit and as such binds not only the parties named in the suit-title but all those who are interested in the trust, R. Venugopala Naidu v. Venkatarayulu Naidu Charities, AIR 1990 SC 444 (447): 1989 Supp (2) SCC 356. (Code of Civil Procedure, s. 92)Persons jointly concerned in any deed or act; litigants.The Rules of the Supreme Court, 1883, Ord. XVI., make very full provision as to the joinder of parties and the consequences of misjoinder and non-joinder. All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged to exist, whether jointly, severally, or in the alter-native. Two or more defendants may be joined, in case the plaintiff is in doubt as to the person from whom he is entitled to redress. Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are the trustees or representatives, without joining any of the parti...


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