The key difference between non-joinder and misjoinder in civil law lies in who is included—or excluded—from a case. Non-joinder occurs when a necessary or proper party who should be part of the proceedings is left out, potentially preventing the court from granting complete relief or affecting someone’s rights unfairly. In contrast, misjoinder happens when a party who has no real interest in the dispute is unnecessarily or incorrectly included in the case. Under Order I Rules 9 and 10 of the Civil Procedure Code (CPC), neither misjoinder nor non-joinder automatically defeats a suit, except when the missing party is necessary for a just decision. To handle non-joinder, lawyers advise filing an impleadment application promptly to add the omitted party and avoid dismissal. For misjoinder, the solution is to seek deletion or striking out of irrelevant parties through an application under the same rule. The best lawyers emphasize early scrutiny of all parties before filing, maintaining accurate documentation of interests, and addressing such procedural defects immediately when identified. By doing so, litigants ensure smooth proceedings, prevent delays, and uphold the integrity of the case.
