Principle

CIVIL PROCEDURE — Parties — Representative Capacity — Failure to Obtain Leave Not Fatal Where Pleadings and Evidence Disclose Representation

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Where pleadings and evidence clearly show a party sues or is sued in a representative capacity, and the case was fought on that basis, the court may enter judgment accordingly—even without formal amendment. The substance of representation matters more than technical pleading. The opposing party…

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