AIR 1963 SUPREME COURT 786 ::1963 BLJR 512 ::1964 (1) SCJ 151 ::ILR 43 Pat 13

Supreme Court Of India

(From Patna)*

Hon'ble Judge(s): S. Jafer Imam, K. Subba Rao, N. Rajagopala Ayyangar, J. R. Mudholkar , JJJ

Constitution of India , Art.226— Petition for writ of certiorari - Necessary and proper parties - Distinctio between - Who are necessary and proper parties to the petition Persons in whose favour impugned order is passed not joined as parties - Petition is no competent. The law as to who are necessary or proper parties to a proceeding is well settled. A necessary party is one without whom no order can be made effectively, 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 on the question involved in the proceeding.(Para 7) In a writ of certiorari not only the tribunal or authority whose order is sought to be quashed but also parties in whose favour the said order is issued are necessary parties. But it is in the discretion of the court to add or implead proper parties for completely settling all the questions that may be involved in the controversy either suo motu or on the application of a party to the writ or an application filed at the instance of such proper party. Thus where in a petition for a writ of certiorari made to the High Court, only the Tribunal whose order was sought to be quashed was made a party but the persons who were parties before the lower Tribunal and in whose favour the impugned order was passed were not j....