Who is Called a Defendant in Civil Cases in India? Meaning and Role Explained

 Who is Called a Defendant in Civil Law?

A civil case is a legal dispute between two or more parties over rights, obligations, or property. Civil cases usually involve matters like money, property, contracts, family issues, or services. Criminal cases involve crimes and punishments.

In any civil case, there are two main parties involved: the person who files the case is called the plaintiff, and the person who has to respond to the case is called the defendant.
The defendant is the person against whom the case is filed. He is required to appear in court and defend his case.
In this article, we’ll talk about who is called a defendant in civil cases in India. We’ll learn meaning, legal definition, role, rights, responsibilities of a defendant and how the process works under Indian law. This will help you understand civil cases more clearly.

Who is a Defendant?

A defendant in a civil case is the person, group, or organization against whom the case has been filed. The defendant has to appear in court and respond to the complaint made by the plaintiff.
For example, if Mr. A files a case saying that Mr. B did not repay a loan, then Mr. B is the defendant. He must give his explanation in court.
The term “defendant” is used in both civil and criminal cases, but the meaning is slightly different:
• In a civil case, the defendant is someone who is said to have violated another person’s legal rights — such as not returning money, damaging property, or breaking a contract.
• In a criminal case, the defendant is the person who is accused of a crime, like theft, assault, or murder.
In civil cases, the defendant is not being punished for a crime, but may be asked to pay money, return property, or do something else to fix the problem.
So, in simple words, a defendant is the person who defends the case filed against them in a civil court.

Legal Meaning of Defendant Under CPC, 1908

In India, civil cases are handled under the Code of Civil Procedure, 1908 (CPC). This law gives the detailed procedure for how civil cases are filed, handled, and decided.
According to CPC, a defendant is a person against whom a civil suit is filed. The term is not deeply defined in the Act, but its usage throughout the CPC clearly shows who qualifies as a defendant.
As per Order I Rule 3 of CPC, more than one person can be joined as defendants in a single case — if the matter involves related issues or the same set of facts.
Example:
If a person files a case saying that two people jointly caused damage to his property, then both can be added as defendants in one case.
The CPC also ensures that defendants are treated fairly, by giving them time to respond, a chance to present evidence, and the right to defend themselves fully.
There are several judgments where courts explained that even companies, firms, or government departments can be treated as defendants if the case is filed against them.
In short, the legal meaning under CPC is — the defendant is simply the person or party who is being sued in the civil court.

How is a Defendant Involved in a Civil Suit?

Once a civil case is filed in court, the process involving the defendant begins. Here's how it usually works:
➤ Step 1: Plaintiff files the suit
The plaintiff files a written complaint (called a plaint) explaining the issue and what relief they are asking for — like money, property, or some action.
➤ Step 2: Court issues summons to the defendant
The court reviews the plaint and, if court accepts it, court sends a summons to the defendant. This is an official notice asking the defendant to appear in court.
➤ Step 3: Defendant appears and files written statement
The defendant must appear on the given date and file a written statement (reply to the plaint) within 30 days. This time can be extended up to 90 days.
➤ Step 4: Evidence and hearings
Both parties — plaintiff and defendant — will present evidence, witnesses, and arguments. The defendant can also deny or justify the claims made against them.
This process ensures that the defendant gets a full chance to defend themselves and prove their side in court before the judge makes a final decision.

Rights and Duties of a Defendant in Civil Cases

In civil law, a defendant has both rights and duties.
Let’s look at both sides:
✅ Rights of a Defendant:
• Right to Receive Summons
The defendant has the right to get a proper legal notice or summons from the court before appearing.
• Right to Get Details of the Complaint
The defendant must receive a copy of the plaint, so they know what the case is about.
• Right to File a Written Statement
The defendant can file a reply in writing, either accepting or denying the claims.
• Right to Present Evidence and Witnesses
The defendant can present documents, witnesses, and other evidence to support their case.
• Right to Legal Aid (if poor)
If the defendant cannot afford a lawyer, they can apply for free legal aid under the Legal Services Authorities Act.
• Right to Fair Trial
Every defendant has the right to a fair hearing under Article 14 and Article 21 of the Constitution.

Duties of a Defendant:

• To Appear in Court
The defendant must attend court on the date mentioned in the summons.
• To File Written Statement Within Time
They must reply within 30 days, extendable to 90 days with the court’s permission.
• To Cooperate with the Legal Process
They should follow court procedures and attend all hearings.
• To Be Honest in Submissions
The defendant should not give false information or hide facts from the court.


Real-Life Examples
Let’s look at a few simple examples to understand the role of a defendant:
Example 1:
Mr. Arjun lends ₹1,00,000 to his friend Mr. Ravi. After a year, Ravi refuses to return the money. Arjun files a civil case in court. Here, Ravi is the defendant.
Example 2:
A landlord files a case against his tenant for not paying rent for 6 months. The tenant becomes the defendant, and he must appear in court and respond.
In both cases, the defendant has a chance to reply, give their explanation, and defend themselves through proper legal process.

Difference Between Plaintiff and Defendant in Civil Cases

In any civil case, the plaintiff is the person who files the case in court. They are the one who has a problem and wants some relief — like getting money back, getting property, or stopping the other person from doing something. The defendant is the person against whom the case is filed. They receive a notice from the court (called a summons) and have to come to court.

The plaintiff has to prove that their complaint is true. The defendant has the chance to reply — they can deny, explain, or show that the claims are not correct.
In simple words, the plaintiff is the person who is complaining, and the defendant is the person who is replying and defending themselves in the case.

Conclusion

In civil law, a defendant is the person who is being sued. They are required to respond to the complaint made by the plaintiff, and they have several rights and duties under Indian law.
The defendant plays a very important role in the legal process, as the court listens to both sides before making any decision. By understanding the role of a defendant, anyone can better understand how civil cases work — whether they are involved in one or just learning about the law.