The responsibility to correct a misjoinder of parties primarily rests with the plaintiff, as it is the plaintiff who initiates the suit and determines which parties to include. The plaintiff must ensure that only proper and necessary parties are joined and, upon discovering any misjoinder, promptly file an application under Order I, Rule 10 of the CPC to add or remove parties. However, the defendant also plays an active role by raising objections regarding misjoinder or non-joinder at the earliest possible stage—preferably in the written statement—under Order I, Rule 13 of the CPC, to prevent procedural prejudice or delay. Meanwhile, the court holds the ultimate supervisory authority to correct such errors either on its own motion (suo motu) or upon application by any party, ensuring that the proceedings include all necessary parties for an effective and binding adjudication. In practice, the plaintiff’s vigilance, the defendant’s timely objection, and the court’s discretionary power together ensure that misjoinder issues are resolved efficiently without compromising fairness or the substantive outcome of the case.
