Connecticut § 52-109 - Substituted plaintiff.

§ 52-109. Substituted plaintiff.

Sec. 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. Addition or substitution of a plaintiff is discretionary, but generally should be allowed when, due to an error, misunderstanding or misconception, an action was commenced in the name of the wrong party, instead of the real party in interest, whose presence is required for a determination of the matter in dispute. 320 C. 535.

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. Plaintiffs did not demonstrate that their belief that they were proper parties to commence action was a reasonable one, held in good faith and not the result of their own negligence in failing to name the proper party such as to constitute mistake under section. 157 CA 55. The term “mistake” as used in section does not mean the absence of negligence. 165 CA 239. Substitution is not categorically barred in every situation in which the decedent pre-deceases the commencement of the original action. 176 CA 64. Administrative appeals commenced under Sec. 4-183 are “actions” salvageable under this section where administrative appeal has been commenced in the name of an improper party due to a mistake. Id. Substitution under section is not categorically unavailable to cure suits commenced by unauthorized parties. Id.

Cited. 18 CS 446. To determine the real matter in dispute, substitution of plaintiff must be allowed. 49 CS 542.