Advocates:
D.P.Singh, H.N.SANYAL, J.N.P.SINHA, M.K.RAMAMURTHI, R.K.GARG, RAMAMURTHI, S.C.AGRAWAL, Udaipratap Singh

Based on the provided legal document, the key points are as follows:

1. Necessary Parties in Writ Proceedings: A party without whom no effective order can be made is considered a necessary party. Conversely, a party whose presence is essential for a complete and final decision on the questions involved is regarded as a proper party. The absence of necessary parties can render a petition incompetent (!) .

2. Nature and Scope of Certiorari: A writ of certiorari is issued to quash proceedings of judicial or quasi-judicial bodies acting beyond their jurisdiction or in violation of principles of natural justice. The issuing of this writ requires that the tribunal or authority be a party to the proceedings, as it is a judicial or quasi-judicial act (!) (!) .

3. Parties Affected by the Tribunal’s Order: In certiorari proceedings, parties whose rights are directly affected by the tribunal’s order are necessary parties. The court cannot effectively quash an order affecting a party’s rights without their presence, as this could lead to an order that the affected party can ignore, undermining the efficacy of the judgment (!) .

4. Parties Who Should Be Joined: All persons interested in maintaining the regularity of the proceedings or affected by the order should be impleaded as parties. This includes the authority or tribunal whose order is challenged and any other interested parties. The failure to join necessary parties can invalidate the proceedings (!) (!) (!) .

5. Discretion in Joining Proper Parties: While necessary parties must be joined, courts have discretion to include proper parties to facilitate a complete adjudication of all questions involved. Proper parties are those whose presence is not essential but may assist in resolving the controversy fully (!) .

6. Procedural Rules and Principles: Procedures from both English law and local rules emphasize the importance of naming all persons directly affected or interested in the petition. Service of notice on all parties who are affected or against whom relief is sought is mandatory to ensure natural justice and the effectiveness of the proceedings (!) (!) .

7. Specific Application to the Case: In this case, parties who had succeeded in proceedings and whose orders were in their favor were considered necessary parties. The petitioner’s failure to implead these parties, especially after striking them out and not seeking to re-implead them, rendered the petition incompetent. The court emphasized that the petitioner’s actions compromised the fairness and validity of the proceedings (!) (!) .

8. Court’s Discretion and Late Applications: The court noted that late requests to re-implead parties or to remand the case are generally not entertained, especially if the omission was due to the petitioner’s own actions. Proper procedural steps should have been taken earlier to ensure all necessary parties were included (!) .

9. Conclusion: The appeal was dismissed primarily because the petitioner failed to join necessary parties in the original proceedings and did not seek to correct this omission in a timely manner. This failure impacted the validity of the petition and the subsequent proceedings (!) (!) .

Please note that these points are based on the principles and facts outlined in the document and do not include specific case law citations.