appellant

The appellant is the person who challenges a judgment, decree or order before a higher court. The opposite party is the respondent. Either the plaintiff or the defendant in the trial court can become the appellant, depending on who lost; in criminal appeals the appellant may be the convicted accused, the State or the victim.

In a memorandum of appeal the appellant must state the grounds of objection concisely. The term is used for appeals; in writ petitions and special leave petitions, the person filing is the petitioner, though after leave is granted an SLP becomes a civil or criminal appeal and the petitioner becomes the appellant.

Example

The defendant, having lost in the trial court, is the appellant in RFA 120 of 2025, and the original plaintiff is the respondent.

In Indian law

• Order XLI Rule 1, Code of Civil Procedure, 1908 (form of appeal)

See also

appeal · respondent · petitioner · plaintiff

Read more in the study notes

• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Concurrent and consecutive sentences; appeals, revision and reference (Bharatiya Nagarik Suraksha Sanhita)
• General exceptions: consent, good faith, compulsion and trifles (Bharatiya Nyaya Sanhita)
• The right of private defence (Bharatiya Nyaya Sanhita)
• Criminal conspiracy and attempt (Bharatiya Nyaya Sanhita)
• Appeals: first appeals, second appeals, appeals from orders and appeals to the Supreme Court (Civil Procedure Code and Limitation Act)