Practice and procedure—Interlocutory judgment—Application to set aside—Proper
grounds for.
Practice and procedure—Parties—Joinder—Defendants submitting to interlocutory
judgment without raising issue of misjoinder—Defendants subsequently discovering
facts which entitled them deny liability—Whether defendants estopped from
challenging joinder.
Practice and procedure—Capacity to sue—Fatal accident—Persons entitled to sue—
Plaintiff brought action in his own name—Writ amended to show that plaintiff suing in
representative capacity—Amendment made within statutory period of limitation—
Whether writ a nullity—The Fatal Accident Acts, 1846-64—The Civil Liability Act, 1963
(Act 176).