Justice BR Gavai sitting along with Justice CT Ravikumar held in the case of Moreshar Yadaorao Mahajan V. Vyankatesh Sitaram Bhedi (D) thr Lrs that a suit is liable to be dismissed if a necessary party is not impleaded in the matter. 

The Court held that while impleading a party, a twin test has to be satisfied "The first one is that there must be a right to some relief against such party in respect of the controversies involved in the proceedings. The second one is that no effective decree can be passed in the absence of such a party." 

The Court observed that the trial court framed an important issue as to "whether the suit was bad in law for non-joinder of necessary parties, it answered the same against the defendant by holding that the defendant was the absolute owner of the suit property and therefore, there was no question of joinder of his wife and three sons."

The Supreme Court further held that "It could thus be seen that a “necessary party” is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the court. It has been held that if a “necessary party” is not impleaded, the suit itself is liable to be dismissed."

The reason for coming to the conclusion, the Supreme Court held that "In view of the plaintiff’s own admission that the suit property was jointly owned by the defendant, his wife, and three sons, no effective decree could have been passed in their absence."

Case Details:-

CIVIL APPEAL NOS. 5755-5756 OF 2011

MORESHAR YADAORAO MAHAJAN ...APPELLANT(S)
VERSUS
VYANKATESH SITARAM BHEDI (D)
THR. LRS. AND OTHERS ...RESPONDENT(S)

Read the Complete judgment:-

https://main.sci.gov.in/supremecourt/2009/14264/14264_2009_12_1502_38647_Judgement_27-Sep-2022.pdf