necessary party

necessary party

n. a person or entity whose interests will be affected by the outcome of a lawsuit, whose absence as a party in the suit prevents a judgment on all issues, but who cannot be joined in the lawsuit because that would deny jurisdiction to the particular court (such as shifting jurisdiction from a state to federal court). In this rare technical situation, a necessary party who is not in the suit differs from an "indispensable party," who must be joined if the lawsuit is to proceed, and from a "proper party" who could be joined but is not essential. (See: indispensable party, proper party)

References in periodicals archive ?
NIMASA was later joined as a necessary party in the suit originally instituted by Seadrill Mobile Unit Nigeria Limited against the FMOT.
On Friday, Justice Mamoon Rashid Sheikh had taken up the petition and pointed out that the petitioner did not make personal physician of her father a necessary party in the petition.
DEVELOPMENTIn yet another incident, Mr Paul Omolo, another claimant, also joined the case as a necessary party claiming adverse possession under a case filed on January 30, this year.He claimed he had been in possession of the disputed property for more than 20 years and had been paying land rates.
But Rollins said she was aware of at least two cases interrupted midstream, with a "necessary party" disappearing during a break or during lunch.
During the hearing today, NHAI had urged the court to make HSIIDC a "necessary party" in the case, following which notice was issued to both the parties to file an amended memo.
Stanford is joined in the suit as a necessary party because it is the registered owner of these patents.
Failure to Join Necessary Party; Disqualification of Counsel
Afridi further added that the tribunal adjudicates upon issues, where the government and the executive is always a necessary party, allowing space for the provincial government to regulate and schematise, the terms and conditions of a bureaucrat in BPS-20, per se, impinges upon the notion of independence of Judiciary.
If he were to be declared a necessary party, it would mean his wife may hail him into litigation which he may not desire to join and for which he would be involuntarily liable for attorneys' fees under the terms of the enrollment contract (if deemed valid).
The DEED motion also said the advocacy group's suit should be rejected because it did not include Greater MSP as a necessary party. That prompted the advocacy group to amend its complaint and sue the economic development organization as well.
Tony Evers, et al.<br />Case No.: 2018 WI 82<br />Focus: Substitution of Counsel<br />This original action is before the court for the determination of preliminary motions related to two issues: (1) whether the respondents in this action, Superintendent of Public Instruction Tony Evers and the Department of Public Instruction, are entitled to counsel of their choice or whether they must be represented by the Department of Justice; and (2) whether Governor Scott Walker is a necessary party to this action.<br />We conclude that Evers and the Department of Public Instruction are entitled to counsel of their choice and are not required to be represented by the Department of Justice.
'That the applicant Syed Aiqan Haider S/o Syed Munir Hussain Shah (Shaheed) R/o Kachi Paind Khan, DI Khan, Syed Mushtaq Hussain Shah S/o Syed Rasool Shah R/o Village Muriali, DI Khan and Muhammad Bashir S/o Said Dad Khan R/o Village Prova, DI Khan, are a necessary party in the above titled HRC case as affectees of sectarian killings in DI Khan and want to assist this court in the adjudication of the above matter,' the application said.

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