When a necessary party is missed in a case, the primary legal remedy is to apply for impleadment under Order I Rule 10(2) of the Civil Procedure Code (CPC) or the equivalent rule in other jurisdictions, allowing the court to add the missing party at any stage of the proceedings to ensure complete adjudication. If the omission is discovered early, the party filing the case can amend the pleadings to include the missing person or entity, thereby curing the defect without restarting the case. When a defendant identifies non-joinder, they can raise a preliminary objection and request the court to direct the plaintiff to implead the necessary party; if ignored, the court may dismiss the case for being defective. However, courts often prefer to allow rectification rather than dismissal, emphasizing substantive justice over procedural technicality. To deal with such situations efficiently, the best lawyers recommend thorough due diligence before filing, prompt action upon discovery, and clear communication with the court to demonstrate good faith. Maintaining an updated list of all parties with direct or indirect interest in the dispute and reviewing it throughout the litigation ensures that the case proceeds smoothly and remains legally sound.
