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Necessary and proper parties

Necessary and proper parties legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2020 SCMR 832 SUPREME-COURT Judicial Precedent
S. 42Civil Procedure Code (V of 1908), O. I, R. 10(2)Qanun-e-Shahadat (10 of 1984), Art. 78Mutations/sale deedsAllegation of fraud and collusion of revenue officersNecessary and proper partiesSuit for declaration challenging mutations/sale deeds sanctioned by public functionariesNon-impleadment of the concerned revenue officials and the Provincial GovernmentEffectSuch suit was defective

Provincial Government and the relevant authorities appointed by the same, who sanctioned a public document, were required to be produced before the Court when the validity of said document needed to be proved

Revenue Officers and the Provincial Government were proper parties in cases where registered sale deeds and mutations had been challenged.

2017 PLD 14 PESHAWAR-HIGH-COURT Judicial Precedent
O. I, R. 10Easements Act (V of 1882), Ss.12 & 15Parties to suitRight of way, claim forShamilat dehNecessary and proper partiesAll owners of suit property, who had constructed their houses in shamilat deh, were not arrayed as party

Such was not a case of private ownership rather pertained to shamilat deh wherein all owners were necessary parties and in their absence no effective decree could be passed regarding ownership and possessory rights.

2014 CLC 261 KARACHI-HIGH-COURT-SINDH Judicial Precedent
O. I, R. 10Necessary and proper partiesScope

Necessary party is one, without whom no proper order can be made effectively, whereas proper party is one, in whose absence, although effective order can be made but presence of such party is necessary for complete and final adjudication of questions involved in any proceedings

Addition of parties is generally not a question of initial jurisdiction of Court

Such is the judicial discretion of Court, which has to be exercised after examining peculiar facts and circumstances of each case.

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Precedents & Case Laws citing "Necessary and proper parties"

CLC 2016
2016-February-29

2016 C L C 1195

ALL PAKISTAN PVC PIPE MANUFACTURERS ASSOCIATION through Chairman — Petitioner Versus FEDERATION OF PAKISTAN, MINISTRY OF COMMERCE through Secretary and 5 others — Respondents

Court: Islamabad
CLC 2018
2017-March-9

2018 C L C 241

Mst. AILA NAWAZ — Petitioner Versus JUDGE FAMILY COURT, KHANEWAL and 2 others — Respondents

Court: Lahore (Multan Bench)
CLD 2023
2022-November-19

2023 C L D 253

BANKERS EQUITY LIMITED through Official Liquidator — Plaintiff Versus GALADARI CEMENT (GULF) LIMITED and others — Defendants

Court: Sindh
MLD 2004
Civil Revision No. 1340 of 2001, decided on 1st April, 2004.

2004 M L D 1382

LAHORE DEVELOPMENT AUTHORITY through Director‑General, LDA Plaza and another‑‑‑Petitioners Versus ALI MUTTQI RIZVI through Bashir Ahmad Chaudhry‑‑‑Respondent

Court: Lahore
YLR 2006
N/A

2006 Y L R 1595

FAQIR MUHAMMAD through Legal Heirs — Petitioner Versus MUHAMMAD YOUNIS and 4 others — Respondents

Court: Lahore
YLR 2017
Suit No.1007 of 2016, decided on 20th March, 2017.

2017 Y L R 1752

FALCON-I (PVT.) LTD. through Authorized Attorney — Plaintiff Versus FEDERATION OF PAKISTAN through Secretary Finance and 5 others — Defendants

Court: Sindh
PLD 2025
2024-May-27

P L D 2025 Peshawar 103

MUHAMMAD ASHIQ KHAN and another — Petitioners Versus MUHAMMAD DAUD and others — Respondents

Court: High Court
CLC 2008
2008-January-29

2008 C L C 466

S. ASIF ALI — Plaintiff Versus Haji GAHNO KHAN JATOI and 2 others — Defendants

Court: Karachi
MLD 2018
merits. The necessary party is one who ought to have been joined and in whose absence no effective decision can take place. The object of Order I, Rule 10, C.P.C. is to avoid multiplicity of proceedings and litigation and to ensure that all proper parties are before the court for proper adjudication on merits. Once the court comes to the conclusion that a person applies for becoming a party is a necessary party then the court ought to pass an order directing such person to be impleaded as party in the proceedings. Court is empowered under this provision to add any person as plaintiff or defendant in the suit at any stage and even in appeals. Joining of party at any stage is binding in all subsequent proceedings until set aside in legal manner. Order I, Rule 10, C.P.C. read with section 107, C.P.C. is even applicable to appeals and the appellate court has discretion to substitute or add any person as appellant or respondent provided they are proper and necessary party to the proceedings. The general rule with regard to impleading the parties is that the plaintiff in a suit, being dominus litis, may choose the persons against whom he wishes to litigate and cannot be compelled to sue a person against whom he does not seek any relief but a proper party is a party who, though not a necessary party but is a person whose presence would enable the court to completely, effectively and adequately adjudicate upon all matters in dispute in the suit, though he need not be a person in favour of or against whom the decree is to be made

2018 M L D 866

ENGRO FOODS LTD. through duly Authorized Attorney — Plaintiff Versus PROVINCE OF SINDH through Secretary, Ministry of Labour and 2 others — Respondents

Court: Sindh
PLD 2013
2013-March-25

P L D 2013 Sindh 314

MARI GAS COMPANY LTD. Through Arshad Iqbal — Plaintiff Versus BYCO PETROLEUM PAKISTAN LTD. Through Chief Executive Officer and another — Defendants

Court: High Court