MISJOINDER AND NON-JOINDER OF PARTIES
Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.
This Rule 21 is the same as the Federal Rule. Presently, Code § 15-13-320(4) permits a demurrer for "defect" of parties, and dismissal of the action is possible. The demurrer is abolished by Rule 7(c), but Rule 12(b)(7) permits a motion to dismiss for failure to join a truly "indispensable" party. With this situation provided for, there is no practical reason why misjoinder should result in dismissal, and this Rule 21 empowers the court to add or drop parties as may be appropriate.