Personality and capacity not identical

The term "lack of legal capacity to sue" means either that the plaintiff does not have the necessary qualifications to appear in the case or when he does not have the character or representation which he claims, as when he is not a duly appointed executor or administrator of the estate he purports to represent, or that the plaintiff is not a corporation duly registered in accordance with law. (I Moran’s Comments on the Rules of Court, p.168, 1952 ed.)