Indispensable Party

AuthorJeffrey Lehman, Shirelle Phelps

Page 385

An individual who has an interest in the substantive issue of a legal action of such a nature that a final decree cannot be handed down without that interest being affected or without leaving the controversy in a condition whereby its final determination would be totally UNCONSCIONABLE.

For example, a HUSBAND AND WIFE seeking to dissolve a marriage are indispensable parties to their own DIVORCE action.

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