—That a party, without whose absence a suit cannot be proceeded with and a final and binding decree cannot be passed, is called “necessary party”. A person whose presence is necessary for the adjudication of all issues and matters involved in the suit and whose interest in or against the relief or the subject matter of the suit may be marginal, nominal, limited or none, is a “proper party”. A person against whom no relief is asked for could hardly be a necessary party but may be a proper party. Another difference between the effect of non-impleadment of a necessary or a proper party is that a suit in which a necessary party is not impleaded, is bad while a suit in which a proper party is not impleaded, is not bad.
Reference:
In the Lahore High Court , W.P. No.30112 of 2021, Muhammad Yousaf Versus Additional District Judge, Fereozewala, District Sheikhupura & others.
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