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.