Civil Procedure Code - Necessary and Proper Parties

Lets understand this by example.



Here Government acquires land from farmers.

Government then gives this land at cheap rates to Industries on a promise that industries will employ the farmers from whom land has been acquired.

However after establishment of Industry, no jobs were given to farmer from whom land was acquired.

Now question is, against whom the farmers can sought a remedy?

Can farmer files a suit against Industry as well as government?

Necessary party

Below are some of the characteristics of necessary party:

  • Necessary for institution of suit
  • Against whom the remedy is sought
  • Without whom no effective orders can be passed
In above example Industry (Ramdeo Baba) will be necessary party.

Proper Party

Proper party is not necessary for institution of suits. However they are important for proper disposal of suits.
For example in above case, when enquiry is made that if job was promised, then Government's answer will hold a weight for remedy i.e jobs for families from whom land was acquired.



 

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