Kumarihamy V. Dissanayake Et Al

1936   Present  :  Dalton S.P.J. and Soertsz A.J.

KUMARIHAMY v. DISSANAYAKE et al.

106-D. C. Kandy, 43,639.

Party-Party added against whom no relief is claimed-Presence unnecessary -Answer filed by added party-Motion to strike off added party- Order made without jurisdiction-Civil Procedure Code, s. 18.

Where a person was added as a party to an action against whom no relief is claimed and whose presence as a party is unnecessary to settle all the questions involved in the action, any steps taken by the party after notice of the order will not disentitle him to have the order set aside on the ground that it was made without jurisdiction.

APPEAL from an order of the District Judge of Kandy.

H. V. Perera (with him G. E. Chitty), for added party, appellant.

January 15, 1936. DALTON S. P. J.-

The appellant here is a person who had been added as a party to the action, the Court purporting to act under the provisions of section 18 of the Civil Procedure Code. There is no appearance for the respondents in support of the order appealed from.

The action is brought by the plaintiff against two defendants. The first defendant is sued

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