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 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

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Quick Summary

In an appeal, the terms 'plaintiff' and 'defendant' are replaced by 'appellant' and 'respondent'. The original plaintiff can indeed become a defendant in an appeal filed by an additional petitioner, especially if the appeal challenges the original dismissal. The key is that parties' roles can shift depending on who initiates the appeal and what is being contested.

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

https://www.lawyersclubindia.com/experts/plentiff-and-defendant-724496.asp

P. Venu (Expert) 21 November 2020
The facts are misconceived. In an appeal, the parties are appellant and respondents, not plaintiff and defendant.

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