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Necessary Party vs. Proper Party

Jurisdictional & Appellate Practice Terms

Definition

Necessary Party: A party without whose presence no effective decree can be passed at all; non-joinder of a necessary party is fatal to the suit.

Proper Party: A party whose presence is not indispensable to passing a decree, but whose presence enables the court to completely and conclusively adjudicate upon all matters in dispute.

Example

In a suit for partition of ancestral property, all surviving legal heirs are necessary parties; an adjoining neighbor who claims an easement of access over the driveway is a proper party.