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.
ADVERTISEMENTS:
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.
ADVERTISEMENTS:
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.
