3 Most Important difference between Necessary and Proper Parties

3 Most Important difference between Necessary and Proper Parties are listed below:

Necessary Party:

1. A necessary party is one whose presence is indispensable to the constitution of the suit, against whom no effective order can be passed.

2. In absence of necessary party, no decree can be passed.

3. Example: In a suit for partition, all sharers are necessary parties.

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Proper Party:

1. A proper party is one in whose absence an effective order can be passed, but whose presence is necessary for a complete and final decision on the question involved in the suit.

2. In the absence of a proper party a decree can be passed.

3. EXAMPLE: A suit is filed by the house owner against a tenant. The tenant is a necessary party. A sub-tenant is only a proper party.