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Shobhan Mandal And Anr vs The State Of Bihar And Ors on 13 April, 2023 cites

Moreshar Yadaorao Mahajan vs Vyankatesh Sitaram Bhedi(D) Tr.Lrs. on 27 September, 2022

in Moreshar Yadaorao Mahajan Vs. Vyankatesh Sitaram Bhedi (Civil Appeal No. 5755-5756 of 2011 ) reiterated that 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.
Supreme Court of India Cites 2 - Cited by 38 - B R Gavai - Full Document

Mumbai International Airport Pvt. Ltd vs Regency Convention Centra & Hotels & Ors on 6 July, 2010

14. The Hon'ble Supreme Court in the aforesaid judgment quoted the observation made by Hon'ble Supreme Court in case of Mumbai International Airport private Limited Vs. Regency Convention Center and Hotels private Limited and Ors. (2010) 7 SCC 417 that 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. A 'proper party' is a party who, though not a necessary party, is a person whose presence Patna High Court C.Misc. No.760 of 2018 dt.13-04-2023 7/8 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. If a person is not found to be proper or necessary party, the Court has no jurisdiction to implead him, against the wishes of the plaintiff.
Supreme Court of India Cites 7 - Cited by 432 - R V Raveendran - Full Document
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