What is Misjoinder and Non-Joinder of Parties?

What is Misjoinder and Non-Joinder of Parties?

Misjoinder and non-joinder of parties are procedural concepts that deal with who should or should not be included in a civil suit. Their purpose is to ensure fair and effective adjudication.

Misjoinder of parties occurs when a person who has no legal interest in the dispute is unnecessarily added to the case. 

Non-joinder of parties arises when a person who ought to have been included is left out. 

Under Order 1 Rule 9 and Rule 10 of the Code of Civil Procedure, a suit is not dismissed for misjoinder or non-joinder unless a necessary party is missing. Courts may add or remove parties to ensure complete and fair justice.

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