AN ANALYSIS OF RECENT DECISIONS ON NON-COMPLIANCE WITH THE RULES OF PROCEDURE :CAN ORDER 81 OF CI 47 ‘RESURRECT ALL DEATHS’?

I do not think Order 81 of C.I. 47 could have saved the plaintiff’s suit from entering into Gehenna (Hell). Never! ‘A person’s capacity to sue, whether under a statute or rule of practice, must be found to be present and valid before the issuance of the writ of summons, else the writ will be declared a nullity. In the case of a company, it’s authority to bring a lawsuit is one of capacity and not standing.