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CA Manmohan ( )     11 December 2010

What is the difference between a petitioner and a plaintiff?

What is the difference between a petitioner and a plaintiff?



 11 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 December 2010

The person, corporation or other legal entity that initiates a lawsuit is called the plaintiff.

 

A person who brings a legal action by means of a petition in a court, its  formal written application requesting a court for a specific judicial action.The person who presents the petition is the petititoner.

2 Like

N.K.Assumi (Advocate)     11 December 2010

In addition to Archana, I am of the view that Petitioner refers to aggrieved person who moved the High Court as posted by Archana, but aggrieved person may not necessarily be the person whose interest is invaded but having Locus satandi to initiate legal action against another person. Plaintiff is the person presnting plaint to get a relief from the Court.

adv. rajeev ( rajoo ) (practicing advocate)     11 December 2010

Except the original suit in other civil proceedings a person who files them will be known as petitioner/petitioners.

Y. ARAVIND (ADVOCATE)     12 December 2010

A litigant who approaches the civil court or invokes the original jurisdiction through original suit is known as  plaintiff and a person who moves petition including interlocutory is known as petitioner.     

2 Like

HANUMANT DESHMUKH (Activist)     14 December 2010

Britishers left but they left their confusing Legal language behind :) There is no practical difference. Most of the terms that you have are relics of the past. Instead of using words from regular usage that a common man can understand, we pride ourselves in using these arcane vocabulary. Legally, there is no significance. You can always use the commonly understood english words.

www.hanumant.com


(Guest)

well said Mr.aravind


(Guest)

Plaint and Plantiff are terms used in the Code of Civil Procedure . It means who presents Plaint before a civil court is a plaintiff . Petitioner is a general term used for every person whether human being or legal person who present a petition for obtaining relief. Thus petitionar is a general term and use of term Plaintiff is restricted to civil suits .

A.VIVEK ADVOCATE (ADVOCATE)     31 January 2011

i agree with  Retd.Addl.Dist .judge. Mr. NARESH CHANDRA DUBEY

Gandhar Raikar (Advocate)     01 February 2011

The plaint/complaint is always filed in the court of first instance  i.e. the court having 1st jurisdictin. Petition on the other hand is filed under special circumstances i.e. for issuing writs or setting aside the arbitral award etc

Abhishek Salani (NA)     02 February 2011

Both the terms are used in court of civil procedures:

Plaintiff: Any person who files a plaint in the court for a redressal primarily beacuse of breach of contract.

Petitioner: Any person who files a writ petition in the court, example, violation of fundamental rights etc.

sudhakar.RVS (Advocate)     19 March 2011

Sir,

A plaintif is one who submit the plaint in the civil court.

A petioner is one who represents his case through a lawyer to seek the justice wrf to statue.

A plaint can't be a petioner.

 

sudhakar.RVS

ADVOCATE 


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