2015 Connecticut General Statutes
Title 52 - Civil Actions
Chapter 898 - Pleading
Section 52-109 - Substituted plaintiff.
When any action has been commenced in the name of the wrong person as plaintiff, the court may, if satisfied that it was so commenced through mistake, and that it is necessary for the determination of the real matter in dispute so to do, allow any other person to be substituted or added as plaintiff.
(1949 Rev., S. 7831.)
One who has no right or interest cannot be substituted as plaintiff. 63 C. 460, 472. Substitution is not the commencement or institution of another suit. Id., 477. Cited. 65 C. 115; 72 C. 261. Where conservator brings action in his own name, and ward dies, his administrator may enter. 91 C. 680. Cited. 179 C. 246. Any defect in the standing of plaintiff who commences an action as the conservator of another person who has a colorable claim of injury is cured under section when such conservator becomes the administratrix of such person and is substituted as plaintiff in the present case. 312 C. 1.
Cited. 1 CA 99; 25 CA 751; 31 CA 80; Id., 476; 33 CA 365. Section is remedial in nature and permits court to consider a motion to substitute in the face of a pending motion to dismiss. 136 CA 99. Plaintiff should have moved to have a proper party plaintiff substituted for him in mortgage foreclosure action. 149 CA 224.
Cited. 18 CS 446. To determine the real matter in dispute, substitution of plaintiff must be allowed. 49 CS 542.
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