7/27/2019 DPC - Addition of paties.docx

1/2

Addition Of Parti es

Introduction

The presence of opposing parties is one of the essential requirements of any civil suit. But allparties are not necessary for the suit to be adjudicated upon. Therefore, necessary and non-

necessary parties have to be distinguishedbetween. Necessary Parties are those parties fromwhom 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 tothe 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. Itwould 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 bediscussed 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 Parti es

A.Meaning And Essential Requirements Of A Ci vil Sui tCivil 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 Parti es 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

7/27/2019 DPC - Addition of paties.docx

2/2

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 Parti es

A. Who Are The Necessary Part ies To A Civi l Sui t?

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 Determin ing The Necessary Parties To A Civi l Sui t

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 Par ties

Consequences Of Non - Joinder Of Part ies

A.Meaning Of Non JoinderNon-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.Di ff erence Between Non - Joinder And M isjoinderC.Consequences Of Non - Joi nder Of Necessary PartiesD.. Compulsory Joinder, And Addition Of Part iesE.Consequences Of Non - Joinder Of Parties That Are Not Necessary Parti esF .Draft Pro Forma