Introduction 

The doctrine of necessary and proper parties forms the cornerstone of procedural law in civil litigation, ensuring that all parties whose rights may be affected have an opportunity to be heard. This principle upholds natural justice and allows courts to make effective and binding decisions that resolve disputes completely while avoiding multiplicity of proceedings. 

What are the Legal Provisions? 

1. Order I Rule 10 of the Civil Procedure Code, 1908: Empowers courts to add or strike out parties at any stage of proceedings to ensure complete adjudication of all questions involved in the suit. 
   1. Rule 10(1): Allows substitution or addition of plaintiffs in case of bona fide mistakes 
   2. Rule 10(2): Permits courts to add necessary parties whose presence is required for effective adjudication 
   3. Rule 10(3): Requires consent for adding plaintiffs under disability 
   4. Rule 10(4): Mandates amendment of plaint when defendants are added 
   5. Rule 10(5): Addresses limitation period considerations 
2. Order I Rule 9 of the Civil Procedure Code, 1908: Embodies the principle that no order should be passed adversely affecting a person without giving them an opportunity to be heard (audi alteram partem). 
3. Section 82 of the Representation of the People Act, 1951: A statutory exception that specifically provides who must be made parties in election petitions. 

Who are Considered Necessary and Proper Parties in Legal Proceedings? 

• Necessary Party 
  • A necessary party is defined as: 
  • One without whom no order can be made effectively 
  • A sine qua non to the constitution of the suit 
  • Parties whose rights are directly affected by the proceedings 
  • Essential for the court to pass an effective decree 
• Two Tests for Determining Necessary Parties: 
  • There must be a right to some relief against such party in respect of the matter involved 
  • It should not be possible to pass an effective decree in the absence of such party 
• Consequences Of Non-Joinder Of Necessary Parties: 
  • Any order issued without hearing the affected party would be void 
  • Such orders can be ignored by the affected party as non-binding 
  • The proceedings may fail in the absence of necessary parties 
• Proper Party 
  • A proper party is characterized as: 
    • One whose presence is not essential for making an effective order 
    • A party whose presence facilitates a complete and final decision on all questions involved 
    • Their inclusion helps avoid multiplicity of proceedings 
    • Their joinder depends on the judicial discretion of the court 

Can a Third Party Be Added to a Suit for Specific Performance to Avoid Multiplicity of Suits? 

• Udit Narain Singh Malpaharia v. Addl. Member, Board of Revenue, Bihar, 1963  
  • Leading case that establishes the fundamental principles regarding necessary and proper parties 
  • Emphasizes that a tribunal exercising judicial or quasi-judicial functions cannot decide against a person's rights without giving them a hearing 
  • Establishes that a writ petition to quash an order is incompetent without making the successful party a respondent 
  • Clarifies that principles of natural justice demand proper hearing even if statute or rules are silent 
• Gurmit Singh Bhatia v. Kiran Kant Robinson,2019 
  • Established that a third-party or stranger cannot be added to a suit for specific performance merely to avoid multiplicity of suits 
  • Clarified that adding parties should not convert a suit of one character into a suit of a different character 
• Prabodh Verma v. State of U.P. and Tridip Kumar Dingal v. State of West Bengal ,1984 
  • Held that unsuccessful candidates challenging selection processes must make successful candidates parties 
  • Established that when challenging a selection process, at least some successful candidates must be made parties 

What are the Legal Principles Governing the Joinder of Necessary and Proper Parties in Civil Litigation? 

• Natural Justice: The principle of audi alteram partem (hear the other side) forms the essential basis for the doctrine of necessary parties. 
• Effective Adjudication: Joinder of parties should facilitate the court in completely and effectively adjudicating upon all questions involved in the suit. 
• Maintaining Suit Character: Joinder should not result in alteration of the nature and character of the suit. 
• Special Statutes Override General Procedure: Special statutes with specific provisions regarding parties prevail over general provisions of CPC (generalia specialibus non derogant). 
• Representative Capacity: In certain cases, some parties may be joined in a representative capacity to represent the interests of a larger group of similarly situated persons. 

Conclusion 

The doctrine of necessary and proper parties serves to uphold principles of natural justice while ensuring efficient judicial administration. By correctly identifying and including necessary and proper parties, courts can render complete justice while avoiding conflicting decisions and multiplicity of proceedings. This doctrine remains central to procedural law, balancing the rights of all stakeholders against judicial economy.