Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Party – Difference between a necessary party and proper party |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – Or. I, r.10(2) – Respondent No.1 sought permission u/Or. I, r.10(2) to become co-plaintiff in the ejectment suit filed by the appellants-plaintiffs against respondent Nos. 2 to 5-defendants for their eviction from the suit premises – Application dismissed by the trial Court – However, allowed by the High Court – Propriety of – Held: Not proper – Lis in the suit was between the appellants on the one hand and respondent Nos. 2 to 5 on the other hand – Decision in the suit would depend upon the question as to whether there existed any relationship of landlord and tenant between the appellants and respondent Nos. 2 to 5 in relation to the suit premises and, if so, whether the grounds pleaded in the plaint for claiming eviction of respondent Nos. 2 to 5 were established or not – For deciding these two main questions, the presence of respondent No. 1 not necessary – Respondent No.1 is neither a necessary and nor a proper party in the suit – Accordingly, order of the trial Court restored.Party – Difference between a necessary party and proper party – Held: A necessary party is one without whom, no order can be made effectively – A proper party is one in whose absence an effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the proceeding. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 56 |
Petitioner | Kanaklata Das & Ors. |
Respondent | Naba Kumar Das & Ors. |
SCR | [2018] 1 S.C.R. 806 |
Judgement Date | 2018-01-25 |
Case Number | 3018 |
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