Distinguish between the following: 'Appellant' and 'defendant'.

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2015
Distinguish between the following: 'Appellant' and 'defendant'.

Answer & Explanation:

Appellant Appellant is one who appeals against a decision, or remove a cause from a lower to a higher Tribunal/Court. An appellant, sometimes called the petitioner must demonstrate sufficient grounds for appeal, which are usually specified by statute, in order to challenge the judgement or findings. Defendant The party sued in an action. One who is sued or prosecuted. The title defendant is more generally applied to a party in civil than in a criminal suit or proceeding. The word defendant may include a respondent. According to the Limitation Act, 1963, "defendant" includes- (i) any person from or through whom a defendant derives his liability to be sued; (ii) any person whose estate is represented by the defendant as executor, administrator or other representative.

Topics: Legal Terminology

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