defendant

In a civil suit, the plaintiff sues and the defendant is the party sued, who answers the plaint by filing a written statement (Order VIII, Code of Civil Procedure, 1908). There may be several defendants, and Order I governs who may be joined. A defendant may raise a set-off or counter-claim, which is treated as a plaint against the plaintiff.

In criminal cases the corresponding term is the accused, not the defendant. In appeals the parties are the appellant and the respondent; in writ petitions, the petitioner and the respondent. Students should use each term in its proper proceeding.

Example

The defendant filed a written statement denying the agreement and raised a counter-claim for the unpaid rent.

In Indian law

• Order VIII, Code of Civil Procedure, 1908: written statement, set-off and counter-claim

See also

dominus litis · ex parte

Read more in the study notes

• Dishonour, noting and protest, acceptance for honour, material alteration, special rules of evidence and bills in sets (Banking Law)
• Default and recovery: Debts Recovery Tribunals and the SARFAESI Act (Banking Law)
• Admissions: definition, persons whose admissions are relevant, and evidentiary value (Bharatiya Sakshya Adhiniyam)
• Other statements by persons who cannot be called, former evidence, and statements in special circumstances (sections 26(b) to (h), 27 to 33) (Bharatiya Sakshya Adhiniyam)
• Character evidence in civil and criminal cases (sections 46 to 50) (Bharatiya Sakshya Adhiniyam)
• Burden of proof: the general rules (Bharatiya Sakshya Adhiniyam)