Authored By: Yash Jalonha
Parties to suit
Introduction
Any person against whom any wrong is committed can file a suit(Parties to suit) to get a remedy for the same and to file a suit formally and legally, parties need to consult it with the advocate having specialization over the particular law.
Procedure to file a suit- A suit is basically a written legal allegations or complaint. Plaintiff files a suit against Defandant.
1)Preparation- It includes the identification of the offences committed against the Plaintiff according to his statements and proofs . Then comes the ‘Jurisdiction of court’ where the suit could be filed .
2)Drafting of Suit- Drafting a suit which will include facts of the case and the legal remedy according to the Statute Laws. This will be followed by ‘Parties name’ and ‘Personal Information’ required.
3) Filling the Suit-Presenting the suit to the court registry office.
4)Issue of Summons to Defandant- Court informs the defendant about the following suit and ask them to appear and respond accordingly.
5)Duties of both the parties- Both the parties need to present all the evidences in relation to the case and need to give written statements to further move to Trial.
6)Trial- After proper inspection of evidences by respective authorities, the case is moved to Trial ,where both parties need to be present at the court and witnesses are questioned and both parties present their final arguments summarising their side.
7)Judgement- Judge reviews all the evidences and statements and according to the Statute Laws, delivers the final judgement which is bounding on both the parties. But , If any party is not satisfied by the decision can file a suit in Higher Courts.
Locus Standi-It means that right or ability to stand in the court of law and bring a legal action to the court of law. To have Locus Standi, the party must prove that they are a victim of any wrongful act performed against them. Any stranger cannot interfere in any judicial proceeding which has no relation with him/her.
Plaintiff- The person who brings the suit to the court of law is called ‘Plaintiff’. Plaintiff is the person who puts allegations on the defendant and demand for the remedy against the wrongful act. He needs to proof that the offence is committed against him/her and they either ask for compensation or punishment to the defendant.
Defendant- The person who is alleged is called ‘Defendant’. He needs to defend himself with sufficient proofs and witnesses against the allegations on him. He has the right to counter case on Plaintiff if the allegations are proved false in the court of law.
Amicus Curiae- It refers to the ‘Friend of the Court’. It is not directly a party but helps the court by offering information, expertise and investigating a complex matter before the court.
Civil Cases- Almost every cases consist of 2 parties i.e. Plaintiff and Defandant. Civil cases are between 2 private persons ,associations or institutions. State has negligible role in civil cases. Civil cases includes contract disputes, property cases, family issues, divorce, Child custody etc.
Case Law- (i) Powell vs Lee (1908)
This case was related to dispute over offer and acceptance and further plaintiff sued defendant for breach of contract.
(ii) Ghanshyam vs Yogendra Rathi
It was a property dispute case which highlighted the title or rights of Agreement to sell and Power of Attorney for immovable property.
In conclusion, each party to a lawsuit has a unique and important function to perform in the legal system. The main players are the plaintiff, who is suing for damages, and the defendant, who is defending the claims. Third-party defendants and counterclaimants may add layers of disagreement and potential liability to the case, complicating it further. Amicus curiae offers the court important outside insights, and intervenors contribute new viewpoints and interests to the dispute. Every party makes a contribution to the case’s overall resolution, guaranteeing that all pertinent factors are taken into account and that justice is served by a careful and impartial analysis of the evidence and arguments made in support of it. Furthermore, an initial defendant who feels that a third party is accountable for all or part of the purported harm may add third-party defendants to the complaint. After being introduced, this party joins the case and is required to respond to the accusations made against them by the first defendant. Last but not least, an amicus curiae, or “friend of the court,” is someone who offers knowledge or insight to help the court reach a more well-informed judgement. An amicus curiae is a non-party to the case, but can provide briefs or opinions that can clarify more general legal or factual issues that are relevant to the case.
