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… Read More »

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...

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.

Important Mains Questions Series for Judiciary, APO & University Exams

  1. CPC Mains Questions Series: Important Questions Part – I of X
  2. CPC Mains Questions Series: Important Questions Part – II of X
  3. CPC Mains Questions Series: Important Questions Part – III of X
  4. CPC Mains Questions Series: Important Questions Part – IV of X
  5. CPC Mains Questions Series: Important Questions Part – V of X
  6. CPC Mains Questions Series: Important Questions Part – VI of X
  7. CPC Mains Questions Series: Important Questions Part – VII of
  8. CPC Mains Questions Series: Important Questions Part – VIII of X
  9. CPC Mains Questions Series: Important Questions Part – IX of X
  10. CPC Mains Questions Series: Important Questions Part – X of X
Updated On 2022-02-24T08:26:19+05:30
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