CHAPTER THREE

PARTIES TO AND DIMENSION OF SUITS

Introduction

This unit discusses the parties to and dimensions of civil suits, focusing on how individuals can be
considered as parties and the issues they can bring to litigation. Civil suits typically involve two parties on
both sides over a single cause, but there may be more than two parties involved and multiple causes of
action. The unit covers the requirements to be parties to a civil suit, the types of representations
applicable to civil cases, the number of parties and causes of action that can be joined in a single suit,
the conditions for intervention, the mechanisms of bringing a third party into a suit, and the concept of
change of parties.

The unit also discusses the types of representations applicable to civil cases and helps in determining the
appropriateness of representation made. It also covers the number of parties and the number of causes
of action that can be joined in a single suit, the conditions for intervention, and the mechanisms of
bringing a third party into a suit. The unit also covers the possibility of replacing the original party by
others.

Parties to a Civil Suit: General Requirements

The parties involved in a civil suit, including plaintiff and defendant, are considered by the first instance
court and appellate court respectively. The plaintiff initiates proceedings and makes an allegation, while
the defendant is a party subject to a claim. Capacity is the power or ability to perform juridical acts, and
being a party to a suit refers to an individual's ability to represent their interest without the assistance of
another.

Incapable persons cannot be parties to a suit and cannot sue or be sued in their own names. This rule is
derived from the rule on capacity to perform juridical acts in general, which states that every person is
presumed to have capacity to perform all juridical acts unless otherwise provided by law. Incapacity can
be divided into two categories: general sources of incapacity (physio-psychological conditions) and status
or special function (status or special function).

Incapable persons cannot sue or be sued in their own names, as they are considered not mature enough
to handle their case and pursue their rights. Their legal representatives must represent them. If one
party is found to be an incapable person, the court can suspend the litigation until a proper
representation is made in accordance with the relevant law.

Incapacity is one of the grounds of preliminary objection specified under Article 244(2) of the Civil
Procedure Code. A person under incapacity does not qualify to act in the proceedings, and their organs
of protection represent them. Capacity applies to all parties participating in a suit, including plaintiff,
defendant, intervener, etc.
3.2. Party Plaintiff and Party Defendant

3.2.1. Party Plaintiff

3.2.1.1. Vested Interest

A party plaintiff is a party that brings action against another party, and to be a plaintiff, they must
possess the capacity to perform juridical acts in general and be the real party interest with regard to the
particular claim or allegation they bring to a court of law. This means that the person who has an
immediate stake at the time of filing a case should show that they have a vested interest in the subject
matter of a suit.

The requirement to be a party plaintiff is attached because a civil suit concerns individual
interests/rights, and it is up to the concerned party only to either litigate or abandon a claim. No other
person could decide to bring action for a real party withinterest in a suit. Additionally, the determination
of whether a person appearing as plaintiff may have a vested interest depends on cases appearing
before a court.

In all cases, plaintiffs are expected to indicate a cause of action in their statement of claim as provided
under Articles 222 and 231 of the Civil Procedure Code. It is from what is stated in the plaintiff's claims
that whether or not a plaintiff has a vested interest in a case can be decided. For example, a contract of
assignment gives rise to issues of a person with a vested interest.

A question of vested interest is also raised in suits based on loss of support as a result of a person's
death. For example, if a car belonging to "B" knocks down "A", persons entitled to claim compensation
from "B" are listed under Article 2095 of the Civil Code.

3.2.1.2. Effects of Lack of Vested Interest

If a plaintiff does not have a vested interest in a suit, the opposite party may raise an objection stating
that the plaintiff is unqualified to act in the proceedings. This is a ground of preliminary objection under
Article 244(2) of the Civil Procedure Code. The court may order the substitution or addition of a party as
a plaintiff based on the objection of the other party. If a suit is made deliberately to benefit from a claim
without a vested interest, the remedy is to dismiss the case and impose penalties for creating
inconvenience to the defendant, and the plaintiff may face criminal liability. This can be inferred from
rules of Art 481 of the Civil Procedure Code and Art 452 of the Penal Code. The substitution or addition
can also be made by a court's initiative, as it can order the substitution or addition of a party plaintiff
without relying on the objection of a defendant. If the defendant fails to raise objection on the ground of
lack of vested interest and a decision is made for a party without vested interest, they cannot object to a
second suit made by a real party with interest. They should satisfy the claim of the real party with a
vested interest and bring a suit against the other party to recover what they have already paid for them.

3.3 Party Defendant: Allegations

To be considered a defendant, a plaintiff must allege a claim against the defendant, as stated in Article
33(3). The defendant must be responsible for the wrongs committed and the claims arising from them.
The plaintiff must state the claim they are demanding against the defendant, as courts are meant to
settle disputes. Article 224 of the Civil Procedure Code requires the statement of claim to state specific
relief the plaintiff claims. The claim against the plaintiff can be in the form of payment or a request for
defendant action. The suit must show relations between parties, wrongs done to the plaintiff, and claims
made by them

3.4. Representation in Civil Suits: Types and Requirements

Representative suits involve others representing real parties in a civil case, as allowed by Article 65 of the
Civil Procedure Code. Parties in a civil case do not need to appear in person to conduct court activities
unless a court orders it. Representation is a rule in most cases, with appearance in person being an
exception. There are two types of representation: one where representatives act on behalf of real
parties, as specified under Articles 34, 57-64, and the other where representatives represent both their
own and others' interests, as specified under Article 38 of the Civil Procedure Code. Appearance in
person is limited to cases where a court deems it necessary for the proper determination of the suit.

3.4.1. Legal Representation: Types and Requirements The representation under Article 34 is known as
legal representation. A legal representative represents persons under incapacity. Since incapable persons
cannot be parties to civil suits, their legal representatives should represent them. Their legal
representatives are their organs of protection. The reason why representation is made here is merely the
incapacity of persons concerned to be parties to a suit. 3.4.2. Representative Class Suits: Requirements
Another kind of representation is provided under Article 38 of the Civil Procedure Code, which reads as
follows. Page | 89 (1) Where several persons have the same interest in a suit, one or more of such
persons may sue or be sued or may be authorized by the court to defend on behalf or for the benefit of
all persons so interested on satisfying the court that all persons so interested agree to be so represented.
(2) Any person on whose behalf or for whose benefit a suit is instituted or defended under sub-art (1)
may apply to the court to be made a party to such suit. This kind of representation is known as
representative class suit. The reason why this representation is allowed is because a suit involves several
persons and that it is inconvenient for all concerned to be parties. It is inconvenient for such a group of
persons to proceed with a case individually. The requirements for this representation to apply are that
the parties should have the same interest in a suit; that they agree to be represented; and that the
number of parties is more than two since the provision demands the number of parties to be several.
What does the phrase “same interest” mean here? No definition is given to it. It is interpreted to mean
that all the members of a group to be represented have a common interest, that all have a common
grievance, and that the relief they demand is beneficial to them all. By the same interest it does not
mean that the claim of parties has a single cause or that it arises from the same transaction only. By the
same interest, it means that as plaintiffs, they must demand the same relief against the defendant for
the same wrong committed against all of them; as defendants they must be invoking the same defense
against the plaintiff on the same cause of action. Thus, same interest means some thing more than same
cause of action (same transaction) under Article 35, which we will discuss in this unit. An example where
a representative class suit is allowed is where a local administrative body decides to give a residential
area for investor and persons living there are to be Page | 90 transferred to another place. If persons
claim that a decision is unlawful and challenges the decision itself, they are considered to have the same
interest. Another requirement under Article 38 is that the parties should consent to be represented. A
person not willing to be represented can bring his own separate suit. After representation is agreed upon
by all concerned, any person on whose behalf a suit is filed or defended may apply to a court to be made
a party. It means that he can intervene. We will discuss intervention later in this unit. Once proper
representation is made and the court accepts it, the parties represented are bound by a decision of a
court. They are considered to have litigated through their representatives and, hence, they cannot bring
a suit or be sued after a decision is made. The decision is res judicata against them.

3.4.3. Agents and Pleaders

Still another kind of representation is provided under Article 57 of the Civil Procedure Code. According to
this Article, a legal representative, agent or pleader of a person may make any appearance, application
or act in or to any court. The requirement is that such representatives are able to answer all the material
questions relating to a suit. A legal representative, according to Article 57, is a person authorized by
operation of law to act on behalf of a party to a suit. This refers, for example, to representation to be
made by organ of protection of an incapable person. Representation by agent is one where a person is
authorized to act on behalf of a party to a suit. Family members of a person (spouse, brother sister, son,
father, or grandfather or mother can be agents if they appear in a suit without receiving remuneration or
reward from a person to be represented. This is provided under Article 58(a). If the government is a
party to a civil suit, the agent for the government is a person authorized to act for the government with
respect to judicial proceedings (See Article 59). Page | 91 However, if the government is to act as a
defendant for its public servant, the government pleader must appear and present to the court his
authority to answer the statement of defense (see Article 60(1)). Article 61 and 62 of The Civil Procedure
Code provided agents for members of the Armed Forces and for prisoners. Any person can serve as their
agent if they produce a written authorization to that effect. A person can also be represented by his
pleader/advocate. A pleader is a person who holds an advocate‟s license, and no person may appear in
this capacity unless he holds such a license. A pleader has to produce his license together with a letter of
authorization from a person who authorized him. The mere fact that a person has an advocate‟s license
does not entitle him to represent any person unless he is authorized in writing to act on behalf of such
person. (See, Art 63 of the Cv. Pr. C)