When a misjoinder of parties is discovered, the law provides flexible remedies to correct the defect without derailing the proceedings. The primary remedy is for the court to strike out misjoined parties or add proper ones under procedural rules such as Order I, Rule 10 of the Civil Procedure Code, ensuring that the case proceeds with the right parties. This correction can be made either on the court’s own initiative (suo motu) or upon application by any party to the suit. The court’s overriding objective is to prevent technical errors from obstructing justice, so it typically allows an amendment of pleadings or issues an appropriate order of correction instead of dismissing the entire case. The decision to rectify is guided by principles of fairness, efficiency, and the need to resolve the dispute on its merits rather than procedural formality.
