Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
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.