GUNENDRA KUMAR Vs. DURA STEAMSHIP LTD

JUDGEMENT

(1.) This is an application under O.7, R.11 of the Civil P.C. filed by the defendant No. 2, inter alia, praying for an order that the suit be dismissed against the defendant No. 2 and for other reliefs. Mr. Mitra, learned advocate for the defendant No. 3 refers to paragraph 3 of the plaint which is as follows :

(2.) Mr. Mitra learned advocate on behalf of the defendant No. 2 refers to the provisions of O. 1, R.3 of the Civil P.C. which is as follows : 1. All persons may be joined in one suit as plaintiffs where-

(3.) Order 1, Rule 3 of the Civil P.C. prescribes who should be joined as defendants in a suit. O.1, R.5 of the Civil P.C. prescribes that it shall not be necessary that every defendant shall be interested as to all the reliefs claimed in the suit against him. There are two categories of defendants: (i) a necessary party, and (2) a proper party. A necessary party is a person who has any interest in the subject-matter involved in the suit and who could be affected by the decision. A party should be considered to be a necessary party if these two conditions are fulfilled :