respondent

In an appeal, the party who files is the appellant and the opposite party is the respondent, whoever was plaintiff or defendant below. In a writ petition, a petition for divorce, or most applications, the person who files is the petitioner and the person who must answer is the respondent. In a civil suit the corresponding terms are plaintiff and defendant; in a criminal complaint, complainant and accused.

Order XLI of the CPC deals with respondents in appeals: a respondent who has not appealed may still support the decree on any ground decided against him, or file cross-objections (Order XLI Rule 22). The State is usually the respondent in a writ petition, and must be correctly named (for example “State of Karnataka, represented by its Chief Secretary”).

Example

Though the respondent did not file an appeal, he supported the decree on the ground of limitation, which Order XLI Rule 22 allows.

In Indian law

• Order XLI Rule 22, Code of Civil Procedure, 1908 (cross-objections)

See also

appellant · petitioner · defendant · appeal

Read more in the study notes

• Promissory estoppel, legitimate expectation and proportionality (Administrative Law)
• Principal steps in arbitration and interim measures (Alternative Dispute Resolution Systems)
• Lending by banks: principles, priority sector, securities, interest and penalty (Banking Law)
• Security for keeping the peace and good behaviour; maintenance of wives, children and parents (Bharatiya Nagarik Suraksha Sanhita)
• General exceptions: consent, good faith, compulsion and trifles (Bharatiya Nyaya Sanhita)
• Drafting a memorandum of understanding, petitions and PIL (Business Communications)