Explain the expression ‘Proper Party’.

Question: Explain the expression ‘Proper Party’. [Bihar J.S. 1984]

Find the answer to the mains question only on Legal Bites. [Explain the expression ‘Proper Party’.]

Answer

A party whose presence enables the court to adjudicate the disputed matter more effectively and completely. In re Hindu Women’s Right to Property Act [AIR 1941 F.C. 16]

In other words, it can be said that the party is said to be a proper party whose presence is not a ‘must‘ but his presence helps the court to adjudicate the disputed question more effectively and completely.

In absence of a proper party, an effective decree may be passed but his presence is essential for adjudicating the disputed question completely. Udit Narain v. Board of Revenue [AIR 1963 SC 786]

Examples

1. In a case where sons have filed a partition suit for the ancestral property then grandsons are proper parties.
2. In a case where a suit is filed by the landlord against the tenant for rent, the sub-tenant is a proper party.

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