Question

A has filed a suit for breach of contract against ‘B’. The District Court at Chandigarh decided in A’s favour. B, however, appealed to the Punjab and Haryana High Court. The legal terminology for B is appellant, while A would be called?

• A. Accused
• B. Plaintiff
• C. Defendant
• D. Respondent

Hint:

Mnemonic: The one who Appeals is the Appellant. The one who Responds is the Respondent. "Accused" is only used in criminal cases, not contract suits.

Answer 1

The Correct Option is D

Concept: Legal terminology changes depending on the stage of the litigation (Trial Stage vs. Appellate Stage).

• Trial Stage: The person who sues is the

Plaintiff; the person being sued is the

Defendant.

• Appellate Stage: The person who files the appeal is the

Appellant.

Step 1: Analyzing the shift from Trial to Appeal.
At the District Court (Trial), 'A' was the Plaintiff and 'B' was the Defendant. When 'B' lost, 'B' became the

Appellant in the High Court.

Step 2: Identifying the opposing party in an appeal.
The party who must "respond" to the appeal is called the

Respondent. In this scenario, since 'A' is the one defending the lower court's win, 'A' is the

Respondent. (Note: In some jurisdictions, the respondent is also referred to as the 'Appellee', but 'Respondent' is the standard term used in Indian High Courts).