Who Are The Necessary Parties To A Civil Suit?
A necessary party is a party without impleading whom a claim cannot be legally settled by court. In other words, in the absence of a necessary party, no effective and complete decree can be passed by the court. There is no standard for determining who are the necessary parties to a suit. This shall depend upon the facts and circumstances of each case. For instance, in a suit filed against a public servant in relation to his public functions, the government shall have to be impleaded but in a suit filed against the same person in relation to his not paying maintenance to his divorced wife, the government shall not be a necessary party. As already mentioned, there is a distinction between necessary and non-necessary (proper) parties. In the absence of a necessary party, no order can be effectively passed by the court. However, a proper party is one in whose absence an effective order can be passed; whose presence is not needed for a complete and effective adjudication. B. Test For Determ
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