To correct a misjoinder of parties, a party may file an application under Order I, Rule 10 of the Civil Procedure Code (CPC), requesting the court to either strike out improperly joined parties or add necessary ones. The application should be made in a formal written format addressed to the court where the case is pending and must clearly state the grounds for correction, referencing relevant CPC provisions. It typically includes: (1) the title of the case, (2) a heading such as “Application under Order I, Rule 10 CPC for Striking Out/Addition of Parties,” (3) a concise statement of facts showing the misjoinder, (4) reasons and legal justification for correction, and (5) a prayer clause specifying the relief sought, such as permission to amend the plaint or remove a party. This application can be filed at any stage of the proceedings—from filing to judgment—since courts possess discretionary power to ensure that all necessary and proper parties are before it for effective adjudication. Once filed, notice is served to affected parties, and the court, after hearing all sides, may pass an order to amend the pleadings, thereby curing the defect without affecting the merits of the case.
