Plaintiff

A plaintiff is the party — an individual, company, partnership firm, LLP, or even a government body — who initiates a civil lawsuit by filing a plaint against another party, the defendant, before a court that has jurisdiction. The plaintiff seeks a legal remedy such as recovery of money, damages, an injunction, specific performance, or a declaration of rights. The term belongs to civil litigation; in a criminal matter the person who sets the law in motion is the complainant, and the State conducts the prosecution.

Legal basis

Civil suits in India are governed by the Code of Civil Procedure, 1908 (CPC). Under Section 26 read with Order IV, every suit is instituted by presenting a plaint, and Order VII prescribes its contents — the facts making up the cause of action, the relief claimed, and the value for jurisdiction and court fees. Court fees are payable under the Court Fees Act, 1870 (as amended by each State), and the suit must be filed within the period allowed by the Limitation Act, 1963.

Role and burden of proof

As the party asserting the claim, the plaintiff ordinarily carries the initial burden of proof and must establish the case on a preponderance of probabilities, the standard in civil matters. The rules on burden of proof now sit in the Bharatiya Sakshya Adhiniyam, 2023, which replaced the Indian Evidence Act, 1872 with effect from 1 July 2024.

Who can be a plaintiff

• Natural persons, including a minor, who sues through a next friend under Order XXXII CPC
• Companies, LLPs, and firms, acting through a duly authorised representative
• Several persons jointly, or one person on behalf of a class through a representative suit under Order I Rule 8 CPC