Plentiff and defendant

Praveen Banakar (Querist) 21 November 2020 This query is : Resolved
Related to Original suit case held in Taluk court Basavaraj was plentiff and me was Defendant, amidst one more additional petition we as given related to same case . Additional petitioner ragarded as Defendant . In last judgement plentiff case was dismissed with cost .
Now additional petitionor went to appeal now he made me and above case's plentiff( Basavaraj)as Defendants.

Can he (Basavaraj)contend in court as Defendant? Because he was contended in court against additional petitionor, now going to contend fair enough for plentiff

Follow Query

Report Abuse

Quick Summary

In an original suit, Basavaraj was the plaintiff and you were the defendant. When an additional petition was filed, the additional petitioner became a defendant. After the original suit was dismissed, the additional petitioner appealed. In this appeal, both the original plaintiff (Basavaraj) and you are now listed as defendants. The core question is whether Basavaraj, who was originally a plaintiff, can now act as a defendant in the appeal. The general rule in appeals is that there are no longer plaintiffs and defendants, but rather appellants and respondents. Therefore, a former plaintiff can indeed be made a respondent (or defendant in this context) in an appeal, especially if they are not pursuing the appeal themselves.

Rajendra K Goyal (Expert) 21 November 2020
When one plaintiff out of two is not going for appeal, another plaintiff can be included as defendant in appeal.

Rajendra K Goyal (Expert) 21 November 2020
Repeated query:

https://www.lawyersclubindia.com/experts/plentiff-and-defendant-724501.asp

P. Venu (Expert) 22 November 2020
In an appeal, there is no plaintiff and defendant, but only appellant and respondent.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries