Suit is liable to dismissed - if necessary party not impleaded.

Case details

Moreshar Yadaorao Mahajan Vs Vyankatesh Sitaram Bhedi (D) | 2022 LiveLaw (SC) 802 | CA 5755-5756 OF 2011| 27 September 2022 | Justices BR Gavai and CT Ravikumar

Headnotes

Code of Civil Procedure, 1973 ; Order I Rule 9 - A "necessary party" is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the court. It has been held that if a "necessary party" is not impleaded, the suit itself is liable to be dismissed - For being a necessary party, the twin test has to be satisfied. The first one is that there must be a right to some relief against such party in respect of the controversies involved in the proceedings. The second one is that no effective decree can be passed in the absence of such a party. (Para 17-20)

Specific Relief Act, 1963 - Suit for specific performance - When suit property was jointly owned by the defendant along with his wife and three sons, an effective decree could not have been passed affecting the rights of the defendant's wife and three sons without impleading them. (Para 19