Principle

CIVIL PROCEDURE – Joinder of Parties – Proper Constitution of Action – Requirement That Defendant Must Be Person Against Whom Claim Is Made

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Proper action constitution requires three essential elements: (1) Proper plaintiff: person with legal capacity to bring action and standing to sue. (2) Proper defendant: person with legal capacity to defend AND against whom plaintiff has claim. (3) Justiciable dispute: actual claim/dispute between plaintiff and defendant.…

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