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N.K.Assumi (Advocate)     20 June 2009

Necessary and proper parties Distinction:

What are the main distinction between necessary and proper parties in writ or civil proceedings. Can writ or civil proceedings be proceeded without the necessary party?



 3 Replies

Swami Sadashiva Brahmendra Sar (Nil)     20 June 2009

A necessary party is a person or entity whose interests are at stake in the outcome of a lawsuit, whose absence as a party in the suit prevents a judgment on all issues, but who cannot be joined in the lawsuit because that would deny jurisdiction to the particular court. A necessary party who is not in the suit differs from an "indispensable party," who must be joined if the lawsuit is to proceed, and from a "proper party," who could be joined but is not essential.

There are generally three ways that someone can be a necessary party:

  1. in the absence of the party complete relief cannot be provided to existing parties

    OR

    the absent party claims an interest relating to the subject of the action and a disposition of the action without that person may
  2. as a practical matter impair his ability to protect that interest OR
  3. leave the persons already parties subject to a substantial risk of incurring double, multiple or otherwise inconsistent obligations.

N.K.Assumi (Advocate)     21 June 2009

Thank you!

hitesh verma (student)     13 September 2009

can any1 provide me with cases(with full facts) related to section 148 of civil procedure code??


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