JUDGMENT :

In the instant case, various loans were provided to a group of people separately, based on a general contract of indemnity/guarantee/surety. On default of repayment of the amount so advanced, the creditor sued against the indemnifier without the juncture of principal debtors and it has resulted in a decree against the indemnifier/defendant, hence this appeal.

2. The learned counsel appearing for the respondent Adv.Sri.Paul Jacob advanced extensive arguments pertaining to the application of Order I Rule 10 C.P.C. and the expression “necessary party” and relied on the decisions rendered in (i) Mumbai International Airport Private Limited v. Regency Convention Centre and Hotels Private Limited & Ors [(2020) 7 SCC 417], (ii) Kasturi v. Iyyamperumal & Ors [(2005) 6 SCC 733] (iii) State Bank of India v. M/s Indexport Registered & Ors [(1992) 3 SCC 159], (iv) Bank of Bihar Ltd. v. Dr. Damodar Prasad & Anr. [AIR 1969 SC 297] (v) SKS Power Generation (Chattisgarh) Ltd. v. Canara Bank [2021 SCC OnLine Bom 1835 (High Court of Bombay)] (vi) Tom Thomas Olassayil & Anr. v. State Bank of India & Ors. [2016 SCC OnLine Ker 28198 (High Court of Kerala)](vii) Tom Thomas & Anr. v. SBI & Ors [