Ind. Trial Rule 21

and jurisdiction over the subject-matter

Effective January 1, 1970

(A) Effect of misjoinder and non-joinder.

Misjoinder of parties is not ground for dismissal of an action. Except as otherwise provided in

these rules, failure to name another person as a party or include him in the action is not

ground for dismissal; but such omission is subject to the right of such person to intervene or

of an opposing party to name or include him in the action as permitted by these rules. Subject to its sound discretion and on motion of any party or of its own initiative, the court may

order parties dropped or added at any stage of the action and on such terms as are just and

will avoid delay. Any claim against a party may be severed and proceeded with separately.

Incorrect names and misnomers may be corrected by amendment under Rule 15 at any time.

(B) Effect of venue or jurisdiction over part of case.

The court shall have venue and authority over all persons or claims required to be joined or

permissively joined, impleaded or included by intervention, interpleader, counterclaim or

cross-claim if it has venue or is authorized to determine any claim asserted between any of

the parties thereto, notwithstanding any requirement of venue or of jurisdiction over the subject-matter applicable to other claims or other parties. The court may transfer the proceedings to the proper court if it determines that venue or authority of the court is

dependent upon a claim, or a claim by or against a particular party which appears from the

pleadings, or proves to be a sham or made in bad faith; and if another action is pending in

this state by or against a person upon the same claim at the time he becomes a party, the

court may dismiss the action as to him, or in its sound discretion, it may order all or part of

the proceedings to be consolidated with the first pending action.