When a non-joinder objection arises in court, the best approach is to act swiftly and strategically. First, determine whether the omitted individual or entity is indeed a “necessary” or “indispensable” party—someone whose presence is vital for the court to grant complete relief or to prevent inconsistent judgments. Once confirmed, immediately file an application to implead the missing party under relevant procedural rules, such as Order I Rule 10 of the Civil Procedure Code, ensuring the request is made without delay to avoid procedural penalties. If joinder is impractical due to jurisdictional or legal barriers, present a clear explanation to the court, supported by evidence, on how the matter can still proceed fairly. Experienced lawyers recommend maintaining transparency with the court, documenting all actions taken, and exploring practical solutions like voluntary inclusion or mediation to prevent dismissal or unnecessary delays. In essence, handling non-joinder effectively requires prompt action, procedural precision, and proactive communication to safeguard the integrity and efficiency of the case.
