11ANaming of parties and proceedings

11A Naming of parties and proceedings

[Rule 11A Inserted by S.R. 2013, No. 69, Applied:04 Sep 2013]

(1)  In an action –

(a) the person who commences the action is to be called the claimant; and

(b) the person against whom the action is commenced is to be called the defendant; and

(c) accordingly, the claim, and any other process in the action, is to be headed, after the title of the action, as being between the parties.

(2)  In a proceeding (other than an action) between parties –

(a) the person who commences the proceeding is to be called the applicant; and

(b) the person against whom the proceeding is commenced is to be called the respondent; and

(c) accordingly, the originating application, and any other process in the proceeding, is to be headed, after the title of the proceeding, as being between the parties.

(3)  In a proceeding that is not between parties –

(a) the person who commences the proceeding is to be called the applicant; and

(b) the originating application, and any other process in the proceeding, is to be headed, after the title of the proceeding, "In the Matter of" followed by a reference to the statutory provision, if any, under which the applicant's claim arises.