Law: Civil Procedure Code (V of 1908)

Section: 10(2)

  Civil Procedure Code (V of 1908)--- ----O.I, R. 10(2)---Joining as party to suit---Trial Court disallowed request of appellant to be joined as a party to suit on short ground of his being neither necessary nor proper party---Validity---Appellant being neither the person who "ought to have been joined" on the ground that in his absence no effective decree could have been passed, as necessary party, nor his presence was necessary to effectually and completely adjudicate upon and settle all points involved in suit as proper party, Trial Court had rightly refused to implead him as party in the suit. Contract Act (IX of 1872)--- ----S. 23---Civil Procedure Code (V of 1908), 0.1, R. 10---Agreement to finance litigation in consideration of sharing prospective spoils of litigation-- Such agreement being opposed to public policy in terms of S. 23, Contract Act, 1872, was champertous in nature---Agreement in question, stipulating to convey 30 per cent. of estate to appellant, could be deemed to be extortionate or unconscionable---In such matters proportion of benefit to claim  to  be  pursued  and  its  rates  with  plausible   prospective expenses of litigation were important considerations for judging .extortionate or immoral nature of transaction-- Agreement in question, being champertous was, thus, void and unenforceable in line with  prohibition  in  S.  23,  Contract  Act, 1872---Beneficiary of such agreement could not be allowed to be joined in suit as a matter of right. Fateh Jang v. Bute Khan AIR 1934 Lah. 1017 rel. Contract Act (IX of 1872)--- ----S. 23---Civil Procedure Code (V of 1908), O. 1, R. 10 &  OXXII,  R.  10-  Joinder  as  party  to suit---Essentials---Provision of 0.1, C.P.C: is not a complete code for joinder or otherwise of parties to any lis---Provision of O.XXII, R. 10, C.P.C. being residuary rule is an enabling provision for induction of parties in suit upon whom during pendency interest might have devolved or otherwise been conferred---Order XXII, R. 10, C.P.C., however, would not sanction joinder of parties who in…