§ 16–2103. Extinguishment or merger of cause of action.

Where, with respect to a contract specified by section 16-2101 , an action is brought against:

(1) all the parties thereto, but service of process is had on some, only, of the defendants; or

(2) some, only, of the parties thereto, and service of process is had on them only —

a judgment against the parties so served does not work an extinguishment or merger of the cause of action on which the judgment is founded as respects the parties not so served. They shall remain liable to be sued separately.