The best lawyers recommend addressing cases involving improper joinder with a balanced strategy that prioritizes both procedural compliance and judicial efficiency. They first analyze the pleadings to identify whether the joinder issue concerns misjoined parties, causes of action, or both. Then, rather than seeking outright dismissal, they strategically move an application under Order I Rule 10 or Order II Rule 6 of the Civil Procedure Code to strike out unnecessary parties or request separate trials for unrelated claims, thereby preserving valid portions of the case. If amendment is necessary, they apply under Order VI Rule 17, ensuring clarity and fairness in the revised pleadings. Throughout this process, senior advocates emphasize transparency, early action, and cooperation with the court, avoiding tactics that appear dilatory. They support their submissions with precedents such as Prem Lata Nahata v. Chandi Prasad Sikaria (2007) to show adherence to procedural law. This strategic, solution-oriented approach not only corrects the defect efficiently but also maintains the client’s credibility and strengthens their position before the court.
