2005 Connecticut Code - Sec. 52-107. Additional parties may be summoned in.

      Sec. 52-107. Additional parties may be summoned in. The court may determine the controversy as between the parties before it, if it can do so without prejudice to the rights of others; but, if a complete determination cannot be had without the presence of other parties, the court may direct that such other parties be brought in. If a person not a party has an interest or title which the judgment will affect, the court, on his application, shall direct him to be made a party.

      (1949 Rev., S. 7829; P.A. 82-160, S. 43.)

      History: P.A. 82-160 rephrased the section.

      See Sec. 52-484 re interpleader.

      Cited. 24 C. 384; 33 C. 467; 65 C. 115; 72 C. 92; 153 C. 545. Holder of mortgage bonds of street railway company not entitled to be made a codefendant in action against it. 56 C. 398. Complaint against one as administrator may be amended to charge him in his individual capacity. 57 C. 304. This and related sections have radically changed the old practice. 63 C. 476. Taxing communities may be admitted as coplaintiffs with tax collector. 60 C. 118. Court may admit persons vitally interested, although not necessary parties. 68 C. 157. Application to cite in receiver properly refused, if permission to sue him has not been obtained. 66 C. 277. Street railway company, primarily liable for defect in highway, may come in as defendant in action for injury due to it. 74 C. 163. Stranger cannot be cited in to secure adjudication of claim not involved in action. 50 C. 583; 65 C. 76; 67 C. 277; 76 C. 542; 79 C. 694; 81 C. 474; 85 C. 429. If claim assigned during suit, assignee may be substituted as plaintiff; prima facie showing of interest sufficient. 73 C. 377. Court may permit executor to enter in action brought by testator after time fixed by statute. 77 C. 347. Right of taxpayer to defend action against city. 81 C. 235. Discretion of court where motion has been long delayed. 69 C. 440. Process, not complaint, makes parties. 72 C. 261. Waiver by executor who voluntarily enters to defend. 77 C. 382. Validity of mechanic's lien cannot be determined in action to which landowner is not a party. 90 C. 7. Third party beneficiary may sue on contract made for his benefit; other necessary parties may be cited in. 99 C. 216. Where taxpayer's complaint in appeal from former board of relief is based on failure to list taxable property of other persons, they must be made parties defendant. 109 C. 361. In appeal from zoning board proper to permit intervention of property owners claiming their property would be damaged in value by erection of gas tank. 113 C. 695. Liquor control commission, while it would have been a proper party to action by town against permittee, was not a necessary party. 133 C. 157. Cited. 172 C. 572, 575. Cited. 182 C. 1, 13. Cited. 184 C. 483, 490. Cited. 185 C. 445, 455. Cited. 186 C. 311, 324. Cited. 191 C. 1, 6. Cited. 206 C. 374, 383. Cited. 212 C. 628, 631. Cited. 215 C. 224, 230. Cited. 224 C. 263, 274. Cited. 239 C. 1. Cited. 241 C. 734.

      Cited. 7 CA 613, 615. Cited. 16 CA 124, 132. Cited. 21 CA 67, 69-71. Cited. 31 CA 476, 480. Cited. 32 CA 340, 349, 350. Cited. 41 CA 89, 95. Cited. 42 CA 330; judgment reversed, see 241 C. 734 et seq.

      Cited. 6 CS 281; 18 CS 106; 25 CS 315; 26 CS 418. Purchasers of corporate real estate from the trustee in bankruptcy were entitled to be joined as parties defendant where general manager of corporation was without assets and in parts unknown. 12 CS 199. A party charged with liability may not bring in another party liable to indemnify him. 13 CS 461. Section may not be used by probate court party to become party to another's appeal; applicant who did not take appeal in time limited lost his right to appeal. 28 CS 392. Cited. 33 CS 606. Cited. 36 CS 56, 58. Cited. 41 CS 23, 25, 26. Cited. Id., 389, 390.

      New parties may be cited in upon order of court at any time in the course of an action, provided they receive due notice and a reasonable time to prepare their particular claims or defenses. 3 Conn. Cir. Ct. 321. Where additional parties were cited in as parties defendant, the moving papers served on them did not constitute a new civil action, process in which would be subject to provisions of section 52-48a. Id.