Filing suit

Isaac Gabriel (Querist) 18 March 2012 This query is : Resolved
How to differentiate 'necessary party' and 'proper party'

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Adv.R.P.Chugh (Expert) 18 March 2012
Necessary Party is one in whose absence no decree can be passed, or if passed can't be executed. Their interests are completely overlapping and hence in the fitness of things - they all should be on record when matter is decided.

Non Joinder of Necessary Party is fatal and is a defect that goes to the root of the matter, and may render decree inexecutable.

Perfect examples would be : Partners/Coparcenors/Jt.Tenants.

A Proper Party on the other hand - is one whose presence though not exactly indispensable, is important to decide the dispute more completely and with finality. A non joinder - does not reduce the proceedings to nullity.

Example would be : Co-owners/Coparcenors post partition etc.

Both can be joined u/0 1 R 10(2) CPC