12 October 2013
Case 1)A sues his boss Mr.B for his salary which is due but Mr.B refuses to pay.. here A is the plaintiff.. Case 2)Mr.W sues his employee R since he doesn't want to pay his salary for xyz reason.. here Mr.W is the plaintiff. But on wikipedia its given that:- "plaintiff is a party WHO CLAIMS TO HAVE INCURRED LOSS as a result of a defendant's actions, demands a legal or equitable remedy." Now, in case 2, Mr.W hasn't suffered any loss because of R, then will he be called a plaintiff? pls answer in detail..
12 October 2013
A plaintiff also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit (also known as an action ) before a court . By doing so, the plaintiff seeks a legal remedy , and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages )
12 October 2013
thanks sir, but in the above case Mr.W is a plaintiff? (PS- i agree with your ans i read the same on wikipedia.. but when you search for 'lawsuit' on wiki this is how plaintiff is defined there.. )
13 October 2013
Dear Asawari, Wikipedia is not going to check your paper.
even if the definition of plaintiff is to be measured against the concept of loss, loss shall also include potential loss. So here Mr W, is protecting himself from potential loss/expense (payment of salary) through this loss.
In commercial cases, it often happens that both the parties file cases against each other as they both feel aggrieved. In such cases, each party is plaintiff in the cases filed by them and defendant in the case filed by the other party.
CAclubindia
