DISTINCTION BETWEEN 'PROPER PARTIES' 'DESIRABLE PARTIES' AND 'NECESSARY PARTIES

• Date: 06 February 2019

"This now leads on to the consideration of the difference between "proper parties", "desirable parties" and "necessary parties". Proper parties are those who, though not interested in the plaintiff’s claim, are made parties for some good reasons e.g. where an action is brought to rescind a contract, any person is a proper party to it who was active or concurring in the matters which gave the plaintiff the right to rescind. Desirable parties are those who have an interest or who may be affected by the result. Necessary parties are those who are not only interested in the subject matter of the proceedings but also who in their absence, the proceedings could not be, fairly dealt with. In other words, the question to be...