Under Order I, Rule 9 of the Civil Procedure Code (CPC), the law explicitly provides that no suit shall be defeated by reason of the misjoinder or non-joinder of parties, except in cases involving the non-joinder of a necessary party. This provision embodies the principle that procedural defects should not override the substantive rights of the parties. In practical application, Indian courts interpret this rule liberally to promote justice and avoid dismissing suits merely due to technical irregularities. When misjoinder is identified, courts usually permit correction through amendment of pleadings or by striking out or adding parties under Order I, Rule 10, rather than rejecting the plaint. The intent is to ensure that all parties essential to the dispute are before the court, allowing it to adjudicate the matter effectively while maintaining fairness, efficiency, and adherence to the doctrine that procedure is the handmaid of justice, not its master.
