“Necessary Party” under the Civil Procedure Code (CPC)

November 28, 2023
Statue of Lady Justice

In the realm of legal proceedings, the inclusion of parties is fundamental to ensure comprehensive and fair adjudication. The Civil Procedure Code (CPC) lays down guidelines concerning parties involved in a suit, emphasizing the presence of all relevant parties for effective resolution. The concept of a ‘necessary party’ under the CPC holds significant importance in ensuring justice and completeness in legal proceedings.

What is a Necessary Party?

A necessary party, as per the Civil Procedure Code, refers to an individual or entity whose presence is essential for the court to effectively and conclusively adjudicate upon a matter. Their absence may lead to an incomplete or inconclusive judgment, impacting the rights and interests of both the existing parties and the absent party.

Importance of a Necessary Party

The inclusion of necessary parties is crucial to achieve complete justice and avoid multiplicity of litigation. Their presence ensures that all interests and rights are adequately represented, preventing future disputes that might arise due to their exclusion. Failure to involve a necessary party might render the judgment ineffective or open to challenge.

Criteria for Determining a Necessary Party

The determination of a necessary party is based on certain criteria outlined in the CPC:

Interest in the Subject Matter: A party with a direct interest in the subject matter of the dispute is considered necessary. Their absence might affect the final outcome of the case.

Rights and Liabilities: Individuals or entities whose rights or liabilities are directly affected by the court’s decision are crucial parties to the suit.

Effect on Judgment: The absence of a party could lead to a situation where the judgment cannot be enforced effectively or might lead to multiple litigations.

Procedure for Joining Necessary Parties

The CPC provides mechanisms for joining necessary parties:

Compulsory Joinder: The court can direct the inclusion of necessary parties if their presence is essential for complete adjudication.

Impleading of Parties: Any party to the suit can request the court to implead a necessary party by filing an application for the same.

Order of Court: The court may, of its own accord, direct the inclusion of necessary parties if it deems their presence essential.

Consequences of Non-Joinder of Necessary Parties

If a necessary party is not joined despite being crucial to the case, the court might:

  • Dismiss the suit for non-joinder.
  • Proceed with the case but the judgment might be inconclusive or partially enforceable.
  • Direct the necessary party to be impleaded and adjourn the proceedings until their inclusion.


The concept of a necessary party under the CPC is pivotal in ensuring comprehensive and effective adjudication. By including all relevant parties, the courts aim to provide complete justice and prevent future litigations arising from incomplete judgments. Understanding the significance of necessary parties and adhering to the CPC’s guidelines in their inclusion is vital for a fair and conclusive resolution of disputes.

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