1964 Present : Sri Skanda Rajah, J., and Alles, J.

THE CHARTERED BANK, Appellant, and L. N. DE SILVA
and others, Respondents

S. C. 19 (Inty.) / 1961 -D. C. Colombo, 46569/M

Addition of parties-Scope of s. 18 (1) of Civil Procedure Code-Witness-Right to object to being added as a party-Contract of suretyship-Action instituted by guarantor against principal debtor-Non-liability of creditor to be added as a party.

A person who is no more than an important witness in a case is not liable to be added as a party to the case in terms of section 18 (1) of the Civil Procedure Code on the pretext that his presence is necessary " in order to enable the court effectually and completely to adjudicate upon all the questions involved in the action ".

In a contract of suretyship, the principal debtors were the 1st and 2nd defendants, the creditor was a Bank, and the guarantor was the plaintiff. The Bank demanded payment of a sum of Rs. 28,520-02 from the plaintiff, who complied and sued the defendants for the recovery of the sum. The defendants pleaded that the Bank had, in breach of certain terms, wrongly called upon the plaintiff to pay, and t