When a misjoinder of parties is discovered, the proper handling follows a structured and procedural approach to maintain fairness and judicial efficiency. First, the party or counsel identifying the misjoinder should review the pleadings to confirm that the inclusion or exclusion of parties is indeed improper under the relevant procedural rules. Second, an application or motion should be filed before the court, requesting either the striking out of misjoined parties or the addition or substitution of proper parties. Third, the court examines whether the misjoinder affects the cause of action or the relief sought; if not, it generally allows an amendment of pleadings instead of dismissing the case. In civil cases, lawyers typically file a motion under provisions similar to Order I, Rule 10 of the Civil Procedure Code, seeking correction of party names or numbers. In criminal cases, misjoinder is addressed by seeking the separation of charges or trials under the Criminal Procedure Code to prevent prejudice or procedural irregularity. Throughout the process, the primary aim is to ensure that justice is served without unnecessary delay or technical obstruction.
