When the persons who might be made parties are very numerous, so that it would be impracticable or unreasonably expensive to make them all parties, one or more may sue or be sued or may be authorized by the court to defend for the benefit of all.
(1949 Rev., S. 7827.)
A few of the landowners of town may sue in behalf of all similarly affected; statute not applicable when interests of other parties on whose behalf action is brought are inconsistent with those of plaintiffs. 118 C. 526. Cited. 123 C. 484; 125 C. 698. On application by receiver of mortgage company to sell foreclosed real estate, participating certificate holders should be made parties; if numerous, one or more may represent all. 128 C. 375. Cited. 145 C. 191. Signers of one petition used this procedure to sue signers of another petition; held sufficient. Id., 570. Cited. 154 C. 74, 79. Section did not give plaintiff taxpayers standing to challenge constitutional and legal existence of city of Danbury; doctrine of de facto municipal corporations discussed. 156 C. 347. Cited. 159 C. 457. Section, which permits a class action, deals only with a civil action and cannot be applied to a proceeding under Sec. 4-61l (46a-99), which constitutes a procedure for taking an appeal. 165 C. 516. Cited. 168 C. 212; 174 C. 606; 177 C. 191; 191 C. 1; 192 C. 581; 215 C. 224. Section creates a statutory right to participate in a class action once a trial court deems it appropriate. 285 C. 462.
Does not apply to probate proceedings; statute limited to cases wherein parties are very numerous, not enough that it is impracticable to join all the parties; 6 parties are not very numerous. 13 CS 327. Cited. 25 CS 313; 31 CS 356; 37 CS 46; 41 CS 484; 44 CS 569.
Structure Connecticut General Statutes
Section 52-91. - Pleadings; contents of complaint.
Section 52-91a. (Formerly Sec. 52-38). - Foreclosure. Redemption. Matter in demand.
Section 52-92. - Demurrers to be specific.
Section 52-97. - Union of legal and equitable causes of action; limitation.
Section 52-98. - Pleadings to allege the material facts in concise form.
Section 52-99. - Untrue allegations or denials; costs.
Section 52-100. - Motions to expunge or correct pleadings.
Section 52-101. - Joinder of interested persons as plaintiffs.
Section 52-102. - Joinder of persons with interest adverse to plaintiff and of necessary persons.
Section 52-102b. - Addition of person as defendant for apportionment of liability purposes.
Section 52-103. - Citation of new parties by judge.
Section 52-104. - Joinder of plaintiffs and consolidation of causes.
Section 52-105. - Numerous parties may be represented by one.
Section 52-106. - Executor, administrator or trustee of express trust may sue or be sued alone.
Section 52-107. - Additional parties may be summoned in.
Section 52-108. - Nonjoinder and misjoinder of parties.
Section 52-109. - Substituted plaintiff.
Section 52-110. - Summoning in of third parties by defendant who counterclaims.
Section 52-111. - Effect of change of parties.
Section 52-112. - Insertion of names of partners in process in action by or against a partnership.
Section 52-113. - Common counts; bill of particulars.
Section 52-114. - Pleading of contributory negligence.
Section 52-115. - Pleading charters.
Section 52-117. - Action on probate bond.
Section 52-118. - Action by assignee of chose in action.
Section 52-119. - Pleading to be according to rules and orders of court.
Section 52-120. - Pleading filed by consent after expiration of time.
Section 52-122. - Procedure in certain actions not changed.
Section 52-123. - Circumstantial defects not to abate pleadings.
Section 52-126. - Action not abated on account of marriage.
Section 52-127. - Process not to be drawn or filled out by officer.
Section 52-128. - Amendment of pleadings by plaintiff; costs.
Section 52-129. - Amendment of pleadings in appeals from justices.
Section 52-130. - Amendment of defects, mistakes or informalities.
Section 52-131. - Amendment of claim against estate of insolvent debtor or deceased person.
Section 52-135. - Amendment of pleadings after default or demurrer overruled; costs.
Section 52-136. - Amendment from contract to tort and vice versa.
Section 52-137. - Amendment changing the relief sought.
Section 52-138. - Amendment calling for legal relief; jury trial.
Section 52-139. - Set-off of mutual debts; procedure.
Section 52-140. - Set-off by defendant in suit by assignee.