case stafford versus city OF London Lord chancellor Parker stram Eq can ab  note to pl pl pl where a bill want proper party it be in the power of the  court to dismiss the bill sans prejudice or to give leave to amend pay cost a  and b bring a bill to be relieve against the city of London in regard a b and  c who in the bill be mention to be dead be joint lessee from the city of  diverse watersprings near London at the rend of pound per annum and the  plaintiff bill be to have several allowance out of the say rend by reason that  the lessee be evict as to some and disturb in the enjoyment of other of the  say water by the city themselves and by other the city answer the bill and pen  the suit bring a action of debt against a and b for the rend suppose c to be  dead and to this action a and b plead in abatement that c be live and ought to  be make a defendant to the action which be a plea in abatement a and b make a  affidavit of the truth of the fact and this cause now come on the defendant  insist upon want of proper party videlicet that c be live and not a party to  the bill and that c be a necessary party as he be a joint lessee and equal  concern with a and b and if the allowance make to a and b be not satisfactory  to c he may draw the account all over again that c can not be bind by the  account unless make a party and bring peer William er p he before the master  will not be enough where it appear he be essential and equal concern with any  of the other plaintiff quod curian to go away peer William then the question  be whether the court shall give the plaintiff leave to amend pay the cost of  the day or dismiss the bill cur this be a very trick to suppose c dead by the  bill when the plaintiff perhaps can not get he to join and yet to swear he  live upon the plea in abatement and it be discretionary in the court either to  dismiss the bill or to give leave or a amendment on payment of the cost of the  day if in any case a bill ought to be dismiss let it be in this but without  prejudice to another bill say vide contra anon atk green v pool bro p c bro p  c Jones v Jones atk dick