§56-4-34. Misjoinder and nonjoinder of parties.
No action or suit shall abate or be defeated by the misjoinder
or nonjoinder of parties, plaintiff or defendant. Whenever such
misjoinder shall be made to appear by affidavit or otherwise, the
parties misjoined shall be dropped by order of the court, entered
of its own accord or upon motion, at any stage of the cause.
Whenever in any case full justice cannot be done and a complete and
final determination of the controversy cannot be had without the
presence of other parties, and such nonjoinder shall be made to
appear by affidavit or otherwise at any time before final judgment
or decree, the court of its own accord, or upon motion, may cause
such omitted persons to be made parties to the action or suit, as
plaintiffs or defendants, by proper amendment and process, at any
stage of the cause, as the ends of justice may require, and upon
such terms as may appear to the court to be just; but no new party
shall be added upon motion unless the place of his residence, if
known, be stated with convenient certainty in the affidavit of the
party questioning his nonjoinder, and, if his place of residence be
not known, unless such fact be stated.