In civil litigation, identifying the correct parties to a suit is fundamental for a valid legal proceeding. A party to a suit refers to a person whose legal rights or obligations are directly involved in the subject matter of the dispute. The Code of Civil Procedure, 1908 (CPC) lays down comprehensive rules for determining and regulating parties in a civil suit.
Definition of Parties to a Suit
A party to a suit is any individual, group, corporation, or legal entity that either initiates the legal action (plaintiff) or against whom the action is brought (defendant).
- Plaintiff – The person who files the suit
- Defendant – The person against whom the suit is filed
Legal Provisions in CPC
| Provision | Content |
|---|---|
| Order 1 Rule 1 | Who may be joined as plaintiffs |
| Order 1 Rule 3 | Who may be joined as defendants |
| Order 1 Rule 10 | Addition, deletion, or substitution of parties |
| Order 22 | Legal representatives after death of a party |
Types of Parties in a Civil Suit
1. Necessary Party
A party without whom no effective decree can be passed by the court.
Example: In a property partition suit, all co-owners are necessary parties.
2. Proper Party
A party whose presence may help the court in effectively and completely adjudicating the dispute, but whose absence will not prevent a decree.
3. Pro Forma Party
A party who is joined only for the sake of formality, and may not have a real interest in the dispute.
4. Formal Party
A party who is not directly interested but whose inclusion is required due to procedural necessity (e.g., trustees, executors).
Doctrine of Proper and Necessary Parties
“A necessary party is one in whose absence no order can be made effectively, while a proper party is one in whose absence an effective order can be made, but whose presence is necessary for a complete and final decision.”
Addition and Deletion of Parties (Order 1 Rule 10 CPC)
- The court may add or strike out parties at any stage of the proceedings
- Parties can be added for proper adjudication of all matters
- Courts exercise this power judiciously and sparingly
Case Law: Kasturi v. Iyyamperumal (2005) 6 SCC 733
The Supreme Court held that only persons whose legal rights are directly affected can be impleaded as parties.
Joinder of Parties
Order 1 Rule 1 – Joinder of Plaintiffs
- Multiple persons may be joined as plaintiffs if their rights arise out of the same act or transaction.
Order 1 Rule 3 – Joinder of Defendants
- Several persons may be joined as defendants when the right to relief arises from the same act or transaction, and common questions of law or fact are involved.
Misjoinder and Non-joinder of Parties
Misjoinder
- Incorrect or unnecessary parties are added
Non-joinder
- Necessary parties are not added
The court may dismiss the suit for non-joinder of necessary parties but not for proper parties (Order 1 Rule 9).
Representative Suits (Order 1 Rule 8 CPC)
- When numerous persons have the same interest, one or more can file a suit or be sued on behalf of all.
- Requires court’s permission and notice to all concerned.
Example: A group of residents suing a municipal corporation for poor sanitation.
Legal Representatives (Order 22 CPC)
- If a party dies, the legal representatives can continue or defend the suit
- Delay in substitution may result in abatement of the suit
Summary Table: Parties to a Civil Suit
| Party Type | Description | Legal Relevance |
|---|---|---|
| Plaintiff | Person who files the case | Initiates the proceedings |
| Defendant | Person against whom relief is claimed | Defends the action |
| Necessary Party | Cannot pass decree without this party | Mandatory to include |
| Proper Party | Helps in full adjudication | Not mandatory but useful |
| Pro Forma Party | Party joined for formal/procedural reasons | Minimal impact |
| Legal Representative | Successor in interest after death | Required to continue proceedings |
| Representative Suit | One represents many in common interest | Must follow Order 1 Rule 8 |
