This case has been cited 1 times or more.
|
2005-08-30 |
TINGA, J. |
||||
| It is elementary that it is only in the name of a real party in interest that a civil suit may be prosecuted.[19] Under Section 2, Rule 3 of the Rules of Civil Procedure, a real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. "Interest" within the meaning of the rule means material interest, an interest in issue and to be affected by the decree, as distinguished from mere interest in the question involved, or a mere incidental interest.[20] One having no right or interest to protect cannot invoke the jurisdiction of the court as a party plaintiff in an action.[21] To qualify a person to be a real party in interest in whose name an action must be prosecuted, he must appear to be the present real owner of the right sought to enforced.[22] | |||||