If improper joinder is discovered after filing, top lawyers take swift corrective action to fix the procedural defect without jeopardizing the progress of the case. The first step is to identify whether the misjoinder relates to parties, causes of action, or both, and assess how it affects the suit’s maintainability. They then file an application under Order I Rule 10 to strike out or add necessary parties, or under Order II Rule 6 to request separate trials for improperly joined causes. If amendments are needed, an application under Order VI Rule 17 of the Civil Procedure Code is submitted, explaining the oversight and demonstrating due diligence to avoid rejection. In cases where a claim must be withdrawn, senior lawyers seek permission under Order XXIII Rule 1(3) to refile it separately, preserving limitation under Section 14 of the Limitation Act. Throughout this process, they act transparently, notify all affected parties, and frame their applications as efficiency measures rather than tactics to delay proceedings. This proactive and structured approach helps maintain procedural integrity, minimizes prejudice, and reassures the court that the correction is made in good faith and in the interest of fair adjudication.
