Civil Procedure Code, 1908
Order 1 Rule 10—Order dismissing impleadment application in a eviction suit—Revision—Submission that revisionist is the owner of suit property and is a proper and necessary party to decide the SCC Suit—A “necessary party” is a person who ought to have been joined as a party and in whose absence no effective order can be passed by the court and a “proper party” is a party who though not a necessary party, is a person whose presence is considered appropriate for effective decision of the case—In an eviction suit, the landlord and the tenant are the only necessary parties—In an eviction suit, filed by the landlord, title of ownership of the landlord is not relevant—When a person is neither a necessary party nor a proper party and his presence is not required for any complete and effective adjudication of the question involved in the matter, he cannot be impleaded merely because he wishes so. [Provincial Small Cause Courts Act, 1887, Section 25]
[Para 5, 8 & 9]