2011 AIR SCW 3724 ::(2011) 1 CurLR 217 ::(2011) 128 FacLR 568 ::(2011) 2 CivLJ 420 ::(2012) 1 CivilCourtC 731 ::(2012) 1 RecCivR 727 ::(2010) 10 Scale 352 ::(2011) 2 ServLJ 149 ::(2011) 3 Guj LH 287 ::(2011) 2 Lab LN 341 ::(2011) 4 Mad LJ 838 ::2010 (10) SCC 408 ::(2011) 1 Gau LT 46

Supreme Court Of India

(From : Gauhati)*

Hon'ble Judge(s): D. K. Jain, H. L. Dattu , JJ

(A) Civil P.C. (5 of 1908) , O.1 R.10— Necessary and proper party - Difference - Necessary party is one without whom, no order can be made @page-SCW3725effectively - Proper party is one in whose absence an effective order can be made - But his presence is necessary for a complete and final decision of question involved.AIR 1963 SC 786, Foll. (Para 14) (B) Constitution of India , Art.225— Gauhati High Court Rules (1967) , Chap.2 R.1— Civil P.C. (5 of 1908) , O.1 R.10— Writ appeal - Appellant Central Govt. - Challenge to order directing Central Govt. along with State Govt. to pay regular pay of female attendants to voluntary female attendants - Central Govt. not impleading State Govt. as respondent to writ appeal - Such omission or default cannot be characterized as technical breach or just an irregularity - This has resulted in State Govt. suffering an adverse order without getting fair hearing - Fact that Government counsel for State was heard cannot cure defect - Order absolving Central Govt. of liability liable to be set aside. Review Petition No. 124 of 2006, D/- 16-11-2001 (Gau) and 2004 (3) Lab LJ 70 (Gau), Reversed. (Para 19 20 21 22) ....