https://www.taxtmi.com/caselaws?id=295848 Where a suit seeks declaratory relief affecting proprietary rights in land admittedly belonging to the State, the State is a necessary party and the action cannot proceed without its joinder. The Supreme Court applied Section 79, read with Order 27 Rule 1 and the proviso to Order 1 Rule 9 CPC, to hold that a declaration impacting State-owned land directly affects the State's interest. The view that no relief was claimed against the State was rejected as erroneous, because the declaration itself would alter the State's rights in the property. The suit was therefore not maintainable for non-joinder of a necessary party. en-us Thu, 05 Aug 2010 00:00:00 +0530 Tue, 22 Jun 2021 18:23:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295848 Where a suit seeks declaratory relief affecting proprietary rights in land admittedly belonging to the State, the State is a necessary party and the action cannot proceed without its joinder. The Supreme Court applied Section 79, read with Order 27 Rule 1 and the proviso to Order 1 Rule 9 CPC, to hold that a declaration impacting State-owned land directly affects the State's interest. The view that no relief was claimed against the State was rejected as erroneous, because the declaration itself would alter the State's rights in the property. The suit was therefore not maintainable for non-joinder of a necessary party. Case-Laws Indian Laws Thu, 05 Aug 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295848