A necessary party is one in whose :

Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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77.

A necessary party is one in whose :

A: absence no order can be made effectively

B: absence an order can be made but whose presence is necessary for the complete decision of the case

C: only (b) is correct

D: none of the above.

The answer is: A

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Explanation

The correct option is A. A necessary party is one in whose absence no order can be made effectively.

This means that a necessary party is indispensable to the constitution of the suit, and without whom the suit must fail. If a necessary party is not impleaded, the suit itself is liable to be dismissed.

A proper party, on the other hand, is one in whose absence an order can be made but whose presence is necessary for a complete and final decision on the question involved in the proceeding. A proper party is not a mandatory party to the suit, but his presence enables the court to adjudicate more effectually and completely. In case of a proper party, the suit will not be dismissed, but the court may order his joinder if it deems fit.