real party in interest

real party in interest
The person to be benefited by, or entitled to receive the benefits of, the suit. More precisely, that person who can discharge the claim upon which suit is brought and control the action brought to enforce it, Usually but not necessarily the person beneficially interested in the cause of action. 39 Am J1st Parties § 17. For the purpose of res judicata the courts will look beyond the nominal party whose name appears formally upon the record and will treat as the real party him whose interests are involved in the litigation. Gibson v Solomon, 136 Ohio St 101, 16 Ohio Ops 36, 23 NE2d 996, 125 ALR 903.

Ballentine's law dictionary. . 1998.

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