The parties to the lawsuit are covered by Order I of the Code of Civil Procedure 1908. One of the components of the suit is “parties.”
A lawsuit is a legal action in which a person seeks the relief that the law provides. There must be a minimum of one plaintiff and one defendant in every lawsuit. Every lawsuit must include the cause of action, which is the reason of filing a suit when some action resulted in infringment of right or bundle of rights why the lawsuit was brought. The violation of the right the subject of the lawsuit. The court renders a decision about the parties’ rights with regard to the matter in issue .
A party in this context may be a proper party or a necessary party. In other terms, a necessary party is a person or party without which no effective order can be passed. However, if a party is required to be present in order for the issue to be finally and completely resolved but an effective order can be passed without them, then they are the proper party. For instance, the tenant is a necessary party in an eviction suit against the tenant, but the subtenant will be regarded as a proper party.
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A necessary party is a party to the suit’s premise without whom no decree can be issued at all, and the suit risks of being dismissed for lack of a necessary party. A proper party, on the other hand, is one who makes it possible for the court to resolve the conflict in an efficient and thorough manner. Even though no redress is sought against a person who is not a party to the suit, the court may mandate their addition as a pro-forma defendant if their participation is required for the full and proper resolution of the dispute at hand. Many times, a party may not be required to the case but yet be appropriate to participate in its adjudication. If this is the case, the court may ask the plaintiff to name that party as a defendant. A proper party is one who must be present for a complete and final resolution of the casenneven though an effective order can be passed in their absence. The lawsuit may be dismissed if the necessary party is not joined.
