Code of Civil Procedure, 1908–Order 1, Rule 10–Necessary party and proper party–Distinction between–Held, a necessary party is one without whose presence, no effective decree or order can be passed–A proper party is one in whose absence a decree or order can be passed, but whose presence is
necessary for complete, final and effective adjudication of all issues involved in the suit–In other words, a necessary party is a party, who ought to have been joined as a party, and a proper party is a party, who should be joined as a party for convenience or expediency.
