Addition Of Parties

Introduction

The presence of opposing parties is one of the essential requirements of any civil suit. But all parties are not necessary for the suit to be adjudicated upon. Therefore, necessary and nonnecessary parties have to be distinguished between. Necessary Parties are those parties from whom relief is claimed. Non-necessary Parties are those parties who may be party to the suit, but from whom no relief has been claimed. The presence of necessary parties is obviously required for the court to adjudicate and pass an effective and complete decree granting relief to the plaintiff. However, the same does not hold good for non-necessary parties. In the absence of necessary parties, the court may dismiss the suit, as it shall not be able to pass an effective decree. But a suit can never be dismissed due to absence of non-necessary parties. The underlying logic is that the burden of providing relief should rest upon all the defendants. It would be unfair if only some of the defendants had to discharge this burden. Therefore, the plaintiff has to implead all those parties from whom he is claiming relief to the suit. The Code of Civil Procedure, the procedural law relating to civil suits can be classified into two parts, "Body of the Code" and "Rules". The latter deals with non-joinder of parties. Order 1, Rule 9 lays down the procedure to be followed in cases of non-joinder of parties. This shall be discussed in greater detail in the course of this article. The Code of Civil Procedure, the procedural law relating to civil suits can be classified into two parts, "Body of the Code" and "Rules". The latter deals with non-joinder of parties. Order 1, Rule 9 lays down the procedure to be followed in cases of non-joinder of parties. This shall be discussed in greater detail in the course of this article. Joinder Of Parties A. Meaning And Essential Requirements Of A Civil Suit Civil Law represents an individuals private right of action for redress. A civil suit (also referred to as a civil proceeding or simply suit) is a process for recovery of an individual right or redress of an individual wrong. The essential requirements of any civil suit, according to the decision of the Bombay High Court in Krishnappa v. Shivappa are the opposing parties, the subject matter in dispute, the cause of action and the relief claimed by the plaintiff. For the purposes of the project, we shall be concerned only with the opposing parties. B. When Can Joinder Of Parties Take Place? oinder Of Parties means joining several parties as plaintiffs or defendants in the same suit. All or any of those persons can be joined to a suit as plaintiffs or defendants in whom the right to any relief is alleged to exist, or who is alleged to possess any interest in the subject-matter of litigation, or in the opinion of the court is a proper or a necessary party. The fundamental consideration appears to be the existence of a right of relief in

relation to the party. The opinion of the court shall also be based upon whether there is a right of relief in relation to the party in question. Necessary Parties A. 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. B. Test For Determining The Necessary Parties To A Civil Suit Although there is no definite test to be applied in this connection, the tests that have been laid down in Deputy Commissioner of Hardoi v. Rama Krishna, are as follows: # There has to be a right of relief against such a party in respect of the matters involved in the suit. # The court must not be in a position to pass an effective decree in the absence of such a parties Non- Necessary Parties Consequences Of Non - Joinder Of Parties A. Meaning Of Non Joinder Non-joinder of parties refers to a situation in which those parties whose presence is essential and in whose absence no effective decree can be passed by the court have not been impleaded. They are those parties who should have been joined under Order 1, Rule 10 (2) of the Code B. C. D. E. F. Difference Between Non - Joinder And Misjoinder Consequences Of Non - Joinder Of Necessary Parties . Compulsory Joinder, And Addition Of Parties Consequences Of Non - Joinder Of Parties That Are Not Necessary Parties Draft Pro Forma