The key distinction between misjoinder and non-joinder of parties lies in the nature of the error concerning party inclusion in a legal proceeding. Misjoinder of parties occurs when parties are improperly added to a case—either because their interests are unrelated to the dispute or because they have no legal standing in the matter. In contrast, non-joinder of parties refers to the omission of a necessary or proper party whose presence is essential for a complete and just adjudication of the issues. Misjoinder generally leads to the removal of excess or irrelevant parties, while non-joinder often requires adding omitted ones to avoid an incomplete judgment. Misunderstanding this distinction can seriously impact the outcome of a case—resulting in procedural delays, partial or unenforceable decrees, or even dismissal if a necessary party is missing, thereby undermining the fairness and finality of the judicial process.
