plaintiff

The plaintiff is the party who sues; the defendant is the party sued. The plaintiff chooses the court, frames the suit and the reliefs, and is said to be dominus litis, master of the suit, which is why he generally decides whom to implead. He usually bears the burden of proving the case pleaded.

The term belongs to civil suits. A person starting a writ, matrimonial or probate proceeding is a petitioner; in a criminal complaint case, he is the complainant; in an appeal, the appellant. Order I CPC deals with who may be joined as plaintiffs.

Example

As dominus litis, the plaintiff cannot ordinarily be forced to implead a person against whom he seeks no relief.

In Indian law

• Order I Rule 1, Code of Civil Procedure, 1908 (who may be joined as plaintiffs)

See also

defendant · plaint · dominus litis · petitioner

Read more in the study notes

• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• ADR and the Civil Procedure Code: section 89 and Afcons (Alternative Dispute Resolution Systems)
• Dishonour, noting and protest, acceptance for honour, material alteration, special rules of evidence and bills in sets (Banking Law)
• Damages, custom, state of mind, similar facts and course of business (sections 10 to 14) (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)