Legal Reference Library

Who is Necessary to Proper Party Order 1 Rule 10 of the Code of Civil Procedure, 1908 Razia Begum v. Anwar Begum, [1959] SCR 1111, relied on. Amon v. Raphael Tuck & Sons Ltd., (1956) 1 All E.R. 273 and Dollfus Mieg et Compagnie S.A. v. Bank of England, (1950) 2 All E.R. 611, referred to. National Textile Workers’ Union, etc. v. P.R. Ramakrishnan and Ors., [1983] 1 SCR 922, distinguished. Meaning of Necessary or Proper Party Whether Court could direct plaintiff to add lessee as defendant in suit. Whether Court has discretion to direct a plaintiff, though dominus litis, to implead a person as a necessary party. The Supreme Court of India in Ramesh Hiranand Kundanmal Vs. Municipal Corporation, Greater Bombay, (1992) 2 SCC 524 : 1992 (2) SCR 1 : JT 1992 (2) SC 136 : 1992 (1) Scale 530 : 1992 (1) CCC 594 : 1992 (1) RCR 644 : 1992 (2) UJ 181 held that a party can be joined as defendant even though the plaintiff does not think that he has any cause of action against him. ...

The Supreme Court of India in Savitri Devi Vs. District Judge, Gorakhpur, AIR 1999 SC 976 : [1999] 1 SCR 725 : (1999) 2 SCC 577 : JT 1999 (1) SC 643 : 1999 (1) SCALE 516 : (1999) II MLJ 110 (SC) : (1999) 2 CALLT 38 (SC) held that avoidance of multiplicity of proceedings was one of the objects of order I Rule 10 CPC. While dismissing the appeal, the Apex Court held that respondents 3 to 5 were necessary and proper parties to the suit and their impleadment was warranted. A bench comprising of Chief Justice M. Srinivasan and Justice S.N. Phukan observed that if the application for impleadment was thrown out Respondents 3 to 5 would certainly come up with a separate suit to enforce their alleged rights. # Necessary and Proper Parties The appellant plaintiff filed a civil suit against her four sons for a decree of maintenance and for creation of a charge over the ancestral property of the family. By consent of parties, civil court passed an interim order directing parties not to trans...