RULE 17
PARTIES PLAINTIFF AND DEFENDANT; CAPACITY
(-) Designation of Parties. The party commencing the action shall be
known as the plaintiff, and the opposite party as the defendant.
(a) Real Party in Interest. Every action shall be prosecuted in the
name of the real party in interest. An executor, administrator, guardian,
bailee, trustee of an express trust, a party with whom or in whose name a
contract has been made for the benefit of another, or a party authorized by
statute may sue in his own name without joining with him the party for
whose benefit the action is brought. No action shall be dismissed on the
ground that it is not prosecuted in the name of the real party in interest
until a reasonable time has been allowed after objection for ratification
of commencement of the action by, or joinder or substitution of, the real
party in interest; and such ratification, joinder, or substitution shall
have the same effect as if the action had been commenced in the name of the
real party in interest.
(b) Infants or Incompetent Persons.
(1) When an infant is a party he shall appear by guardian, or if he has
no guardian, or in the opinion of the court the guardian is an improper
person, the court shall appoint a guardian ad litem. The guardian shall be
appointed:
(i) when the infant is plaintiff, upon the application of the infant,
if he be of the age of 14 years, or if under the age, upon the application
of a relative or friend of the infant;
(ii) when the infant is defendant, upon the application of the infant,
if he be of the age of 14 years, and applies within the time he is to
appear; if he be under the age of 14, or neglects to apply, then upon the
application of any other party to the action, or of a relative or friend of
the infant.
(2) When an insane person is a party to an action he shall appear by
guardian, or if he has no guardian, or in the opinion of the court the
guardian is an improper person, the court shall appoint one to act as
guardian ad litem. Said guardian shall be appointed:
(i) when the insane person is plaintiff, upon the application of a
relative or friend of the insane person;
(ii) when the insane person is defendant, upon the application of a
relative or friend of such insane person, such application shall be made
within the time he is to appear. If no such application be made within the
time above limited, application may be made by any party to the action.
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