2012 Connecticut General Statutes
Title 52 - Civil Actions
Chapter 898 - Pleading
Section 52-108 - Nonjoinder and misjoinder of parties.


CT Gen Stat § 52-108 (2012) What's This?

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.

Cited. 22 CA 114. Cited. 27 CA 199. Cited. 31 CA 80; Id., 476. Cited. 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. 4 CS 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.

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