Practice question
A party transfers the litigated interest during the case. No court substitution or joinder order has been made. The opponent insists that Section 19 automatically requires dismissal because the original party can never continue. Which is correct?
- The action may continue by or against the original party unless the court upon motion directs substitution or joinder.
- Every transfer necessarily dismisses the action.
- The transferee’s private letter automatically vacates all court orders.
- The original pleading ceases to exist without judicial action.
- Section 19 prohibits continuation in every transfer case.
Legal references
- Rules of Court, Rule 3 Sections 12-15 and 19, unchanged provisions read with current amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
- 2019 Amendments to Civil Procedure, Rules 2-4 and relevant Rule 10 Section 3, current operative provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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