the basic requirement of Suit

 The basic requirements for a suit are: (i) parties (ii) cause of action (iii) subject-matter (iv) reliefs claimed (prayer) Availability of proper and necessary parties to the suit is essential to adjudicate a dispute. Order I of Civil Procedure Code gives various dimensions of joining parties to the suit in the capacity of either plaintiffs or defendants. Now, it is to be seen who are Necessary & proper parties? In Razia Begum Vs. Answar Begum (AIR 1958 SC 886) Hon’ble Supreme Court held that “Rule 10(2) gives a wide discretion to the court to meet every case of defect of parties and is not affected by the inaction of the plaintiff to bring the necessary parties on record. A NECESSARY PARTY IS ONE WITHOUT WHOM NO ORDER CAN BE MADE EFFECTIVELY. A proper party is one in whose absence an effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the proceeding.” The addition of parties is a question of judicial discretion which has to be exercised in view of all the facts and circumstances of a particular case.” Order I Rule 1 deals with joinder of Plaintiffs whereas Order I Rule 3 deals with joinder of Defendants. Further we have to look into Order 2 Rule 3 which deals with joinder of causes of action. Order 1 Rule 1 reads as follows: All persons may be joined in one suit as Plaintiffs where - 5 (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; (b) if such persons brought separate suits, any common question of law or fact would arise. Order 1 Rule 3 reads as follows: All persons may be joined in one suit as Defendants where - (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist against such persons, whether jointly, severally or in the alternative; (b) if such persons brought separate suits, any common question of law or fact would arise.