Party
A party is any person, entity, or body that is directly involved in a legal proceeding as a plaintiff, defendant, petitioner, respondent, appellant, or intervenor.
What is a Party?
A **party** in legal proceedings refers to any individual, company, organisation, or government body that is directly involved in a case before a court or tribunal. Parties are the persons who initiate proceedings, against whom proceedings are brought, or who are joined in the case because their interests are affected by the outcome.
In a **civil suit**, the party who files the case is called the **plaintiff** and the party against whom the case is filed is the **defendant**. In a **criminal case**, the prosecution represents the State, and the person accused of the offence is the **accused**. In **writ petitions**, the terms used are **petitioner** and **respondent**. In **appeals**, the party filing the appeal is the **appellant** and the opposing party is the **respondent**.
Legal Framework in India
Code of Civil Procedure, 1908
The CPC contains detailed provisions governing parties to civil suits:
- **Order I Rule 1:** All persons may be joined in one suit as plaintiffs in whom any right to relief arising out of the same act, transaction, or series of acts or transactions is alleged to exist
- **Order I Rule 3:** All persons may be joined as defendants against whom any right to relief is alleged to exist, whether jointly, severally, or in the alternative
- **Order I Rule 9:** Provides for **misjoinder and non-joinder** of parties — no suit shall be defeated merely by reason of the misjoinder or non-joinder of parties
- **Order I Rule 10:** The court may, at any stage, order the addition or striking out of parties. This is a crucial power that allows the court to ensure all necessary parties are before it
- **Order I Rule 10(2):** The court may add a party if their presence is **necessary** for effectually and completely adjudicating the questions involved in the suit
Necessary Party vs. Proper Party
Indian courts have developed a clear distinction:
- A **necessary party** is one without whom no effective order can be passed. Their presence is essential for the complete resolution of the dispute. If a necessary party is not joined, the suit may be dismissed
- A **proper party** is one whose presence is not absolutely essential but who should be joined for the complete and effective adjudication of the case. The suit can proceed without a proper party, but it is desirable to include them
The Supreme Court in **Kasturi v. Iyyamperumal (2005) 6 SCC 733** explained that a necessary party is one without whom no order can be made effectively, while a proper party is one in whose absence an effective order can be made but whose presence is necessary for a complete and final decision.
Criminal Proceedings
In criminal cases, the concept of party operates differently:
- **The State** (prosecution) is represented by the Public Prosecutor appointed under **Section 24 CrPC (Section 18 BNSS)**
- **The accused** is the person charged with the offence
- **The complainant** is the person who initiates the criminal complaint under **Section 2(d) CrPC (Section 2(d) BNSS)**
- **The victim** has a defined role under **Section 2(wa) CrPC (Section 2(28) BNSS)** and has the right to engage an advocate under Section 301(2)
Types of Parties
Based on Role
- **Plaintiff/Petitioner:** The party who initiates the proceedings and seeks relief from the court
- **Defendant/Respondent:** The party against whom the proceedings are brought and who must answer the claim
- **Appellant:** The party who appeals against the decision of a lower court
- **Intervenor:** A person who is not an original party but is permitted by the court to join the proceedings because their interests are affected (Order I Rule 10 CPC)
- **Pro forma party:** A party who is joined in the proceedings not because any relief is claimed against them, but because their presence is necessary for complete adjudication
Based on Capacity
- **Natural persons:** Individuals who sue or are sued in their personal capacity
- **Legal representatives:** Persons who represent the estate of a deceased party under **Order XXII CPC**
- **Next friend and guardian ad litem:** Persons who act on behalf of **minors** or persons of **unsound mind** under **Order XXXII CPC**
- **Juristic persons:** Companies, firms, trusts, and other entities that have legal personality and can be parties to proceedings
When Does the Concept of Party Matter?
Locus Standi
Only a party with **standing** (locus standi) — a genuine interest in the outcome of the case — can maintain proceedings. The court may dismiss a suit if the plaintiff has no cause of action against the defendant. However, in **public interest litigation**, the Supreme Court has relaxed standing requirements, allowing any public-spirited person to approach the court on behalf of those unable to do so themselves.
Res Judicata
Under **Section 11 CPC**, a matter once decided between the same parties is final and cannot be re-litigated. The identity of parties is therefore crucial in determining whether the doctrine of **res judicata** applies to bar a subsequent suit.
Impleadment and Transposition
Courts have the power under **Order I Rule 10 CPC** to:
- **Add** parties who should have been joined initially
- **Strike out** parties who have been improperly joined
- **Transpose** a defendant as a plaintiff or vice versa if the interests of justice so require
The Supreme Court in **Amit Kumar Shaw v. Farida Khatoon (2005) 11 SCC 403** held that the power to add parties must be exercised judiciously, keeping in mind whether the party sought to be added is necessary or proper.
Abatement
Under **Order XXII CPC**, if a party dies during the pendency of a suit, the suit may **abate** (lapse) unless the legal representatives of the deceased party are brought on record within the prescribed time. For plaintiffs, the legal representatives must apply within **90 days** of the death. For defendants, the plaintiff must bring the legal representatives on record within the same period.
Practical Significance
- **Determines the scope of litigation:** The identity and number of parties define what issues can be decided and what relief can be granted
- **Affects the binding nature of judgments:** Only parties to a proceeding (and their privies) are bound by the court's decision
- **Governs costs:** The court may apportion costs among parties based on their conduct and success in the litigation
- **Controls procedure:** Different rules apply depending on whether a party is a minor, a corporation, a government body, or an individual
Frequently Asked Questions
Can a person be added as a party to a suit after it has been filed?
Yes. Under **Order I Rule 10(2) CPC**, the court may, at any stage of the proceedings, order the addition of any person as a party whose presence is necessary for the effectual and complete adjudication of the questions involved. The application for addition can be made by the existing parties or by the person seeking to be added. The court considers whether the proposed party has a genuine interest in the subject matter and whether their absence would prevent the court from passing an effective decree.
What happens if a necessary party is not joined in a suit?
If a **necessary party** is not joined and the omission is brought to the court's attention, the court will typically direct the plaintiff to add the party under Order I Rule 10 CPC. If the plaintiff fails to do so despite the court's direction, the suit may be dismissed. However, under **Order I Rule 9**, no suit shall be defeated merely on the ground of non-joinder — the court has the discretion to add parties at any stage to prevent injustice.
Can the government be a party to a civil suit?
Yes. The **Union of India** and **State Governments** can sue and be sued as parties to civil proceedings. **Section 79 CPC** provides that in suits by or against the Government, the authority to be named as plaintiff or defendant is the Union of India (for central government matters) or the concerned State. **Section 80 CPC** requires that a **two-month prior notice** be served on the government before filing a suit, allowing the government an opportunity to settle the matter without litigation. Failure to serve this notice may result in dismissal of the suit.
Disclaimer: This glossary entry is for informational purposes only and does not constitute legal advice.
Related Legal Terms
Respondent
A respondent is the party against whom an appeal, petition, or application is filed in a court of law.
Petitioner
A petitioner is the person who files a petition or writ before a court, tribunal, or authority, seeking judicial relief, enforcement of a right, or redressal of a grievance.
Third Party
A third party is a person or entity who is not a direct party to a legal transaction, contract, or court proceeding but whose rights or interests may be affected by it.