petitioner

A petitioner is the party who begins a proceeding by petition rather than by plaint. In India this includes writ petitions under Articles 32 and 226, special leave petitions, divorce and other matrimonial petitions, petitions for probate and letters of administration, insolvency petitions and election petitions. The opposite party is the respondent.

In an ordinary civil suit, which begins with a plaint, the party suing is the plaintiff, not the petitioner. In appeals, the parties are appellant and respondent; in revisions, the revision petitioner and respondent. Using the correct label in a pleading or an exam answer shows the nature of the proceeding.

Example

The petitioner invoked Article 226, contending that the order cancelling her licence was passed without a hearing.

See also

respondent · plaintiff · writ · appellant

Read more in the study notes

• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Transfer of criminal cases (Bharatiya Nagarik Suraksha Sanhita)
• Drafting a memorandum of understanding, petitions and PIL (Business Communications)
• Death, marriage and insolvency of parties; withdrawal and compromise of suits (Civil Procedure Code and Limitation Act)
• Winding up: concept, modes, grounds and the powers of the Tribunal (Company Law)