All Tribunals are not required in law to defends its own order

The Supreme Court in M. S. KAZI VS. MUSLIM EDUCATION SOCIETY has held that all Tribunals are not necessary parties in a Special Civil Applications under Articles 226 and 227 of the Constitution, when they are not required to defend its orders when they are challenged before the High Court. Three Judge Bench comprising of Chief Justice of India T S Thakur, Justices A M Khanwilkar and Dr D Y Chandrachud made this observation while setting aside Gujarat High Court judgment which had dismissed Letters Patent Appeal against a Single Bench order for the reason that the Gujarat Higher Secondary Education Tribunal was not impleaded in the Special Civil Application.

Article referred: http://www.livelaw.in/tribunals-not-necessary-parties-proceedings-legality-orders-challenged-sc/

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Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

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