Proceedings bound to fail in respect of co-defendants against whom no negligence is alleged

Practice and procedure – application to strike out plaintiff's claim as an abuse of process and due to inordinate and inexcusable delay – O. 25 and/or O. 34 and/or O. 35 of the Rules of the Superior Courts – Statute of Limitations Act 1957 – O. 19, r. 28 of the Rules of the Superior Courts – whether the proceedings are bound to fail – whether it was an abuse of process for the plaintiff to have joined the second and third defendants as co-defendants to the proceedings in circumstances where the plaintiff himself makes no case as against those defendants and has no evidence to ground his claim as against them – it would fly in the face of logic to allow a plaintiff to continue a case against a defendant or defendants in respect of whom the plaintiff himself has made no allegations of negligence – pleadings disclose no cause of action at all as regards the second and third defendants – plaintiff’s claim against the second and third defendants dismissed.