Ramesh Hirachand Kundanmal v Municipal Corporation of Greater Bombay

Rule established

A 'necessary party' is one without whom no effective order or decree can be made in a suit, whereas a 'proper party' is one whose presence, though not indispensable, enables the court to more effectually and completely adjudicate on the matter; a suit cannot fail merely for non-joinder of a proper party, and courts should exercise their discretion under Order I Rule 10 to add parties rather than dismiss proceedings on technical grounds of misjoinder or non-joinder.