An action shall not be defeated by the nonjoinder or misjoinder of parties. New parties may be added and summoned in, and parties misjoined may be dropped, by order of the court, at any stage of the action, as the court deems the interests of justice require.
(1949 Rev., S. 7830; P.A. 82-160, S. 44.)
History: P.A. 82-160 rephrased section.
New defendants may be cited in although no cause of action exists against original defendants; this may be done even after the writ has been abated. 49 C. 110. Administrator held properly admitted as coplaintiff. 54 C. 241. Complaint against administrator may be amended to charge him in his individual capacity. 57 C. 304. Cited. 65 C. 115. Demurrer lies for misjoinder of plaintiff. 67 C. 277, 278. Power of court to drop party misjoined will ordinarily be exercised only on proper request. Id., 278. Cited. 72 C. 92. Plaintiff should not be dropped on motion of defendant, without a hearing. Id., 472. Party liable over in case of judgment may come in as defendant. 74 C. 163. Objection for defect should be made in trial court; 75 C. 278; 76 C. 252; 81 C. 143; may be waived by argument of appeal on merits of case; 75 C. 605; 81 C. 127; 109 C. 330; or may be harmless. 72 C. 519; 76 C. 262; Id., 433; 79 C. 359; 80 C. 460. Misjoined parties should be dropped but action continued. 77 C. 423; 80 C. 702. Where one, long after action began, consents to be made party, but no action taken, court should drop him. 74 C. 18. If action is brought by next friend, and infant has guardian, he could be brought in; 76 C. 433; so where conservator brings action, ward could come in. 91 C. 681. Adverse party may cause one who is party to action in individual capacity but should be party as administrator, to become party in that capacity. 81 C. 132. Proper procedure where plaintiff dies pending appeal by defendant. 82 C. 212. Making corporation party to mandamus proceeding against officers to secure inspection of books disregarded. 90 C. 639. Misjoinder or nonjoinder if relied on in defense must be pleaded. 91 C. 343. Nonjoinder discussed. Id., 501. Statute embraces a case where one having a right to become a party adopts a wrong procedure to do so. Id., 680. Assignment of right by plaintiff pending action will not defeat it; 92 C. 428; but trustee in bankruptcy cannot recover bank deposit in which a third party is interested in his absence. 97 C. 307. Where subject matter of action was transferred during pendency of action, proper to join transferee as party plaintiff. 123 C. 376. Cited. 153 C. 545; 172 C. 572; 182 C. 1; 184 C. 483; 185 C. 445; 186 C. 311; 187 C. 187; 191 C. 1; 212 C. 628; 233 C. 701.
Cited. 22 CA 114; 27 CA 199; 31 CA 80; Id., 476; 45 CA 702. Court has authority to permit intervention in a civil action in interests of justice and, therefore, court had jurisdiction to consider motion to intervene filed by Division of Criminal Justice. 76 CA 130.
Cited. 4 CS 169. No action should be defeated on this technical ground unless it makes the rendition of a proper judgment impossible. Id., 391. Plea in abatement does not lie for nonjoinder; the defect of parties should be raised before trial. 6 CS 281. Where misjoinder of parties is in essence a misjoinder of causes of action, the proper remedy is by demurrer. 12 CS 290. Cited. 15 CS 12. Court in its discretion has authority to drop misjoined parties. 16 CS 212. Cited. 26 CS 418.
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.