An objection regarding misjoinder of parties should be raised at the earliest possible stage of the proceedings, ideally in the defendant’s written statement or during the first hearing after the pleadings are complete. Under Order I, Rule 13 of the Civil Procedure Code (CPC), any objection to misjoinder or non-joinder must be made promptly; if delayed, the party may lose the right to raise it later. Courts view timely objections as procedural diligence but may treat late objections as dilatory or tactical, especially if raised only after substantial progress in the case. To avoid this perception, the best strategy is for the objecting party to present clear factual and legal grounds demonstrating how the misjoinder affects the fairness or efficiency of the trial, rather than using it to stall proceedings. Supporting the objection with references to pleadings and relevant provisions—while maintaining a cooperative tone with the court—shows bona fide intent. This proactive and transparent approach ensures that the objection is treated as a legitimate procedural safeguard, not a strategy for delay.
