Misjoinder of Causes of Action in Civil Cases

Misjoinder of Causes of Action

Misjoinder of a cause of action arises when a plaintiff improperly unites in the same lawsuit multiple, unrelated claims or claims against different defendants where there is no common question of law or fact linking them.

While the proper joinder of claims is encouraged to promote judicial economy, misjoinder is impermissible as it may prejudice a party or unduly complicate the proceedings. Misjoinder is to be distinguished from non-joinder, which occurs when a party necessary for the resolution of the suit has not been included.

The procedural rules governing the joinder of causes of action are primarily stipulated in the Code of Civil Procedure, 1908 (CPC). For instance, a misjoinder would occur if a plaintiff were to sue a corporation for breach of contract and, in the same suit, include an unrelated tort claim against an individual employee of that corporation.

Timeliness of Objections

Pursuant to Order I, Rule 13 and Order II, Rule 7 of the CPC, any objection on the ground of misjoinder of causes of action must be raised at the earliest possible opportunity, and in all cases at or before the settlement of issues. An objection not so raised shall be deemed to have been waived.

Consequences of Misjoinder

Where an objection to misjoinder is upheld, the court is empowered to make such orders as may be just, including:

  • Severance: Ordering separate trials for the improperly joined claims.
  • Striking of Claims: Striking the unrelated claims from the plaint.
  • Dismissal of the Suit: In exceptional cases where the misjoinder results in manifest prejudice or cannot be otherwise remedied, the court may dismiss the suit.

Importance of Proper Joinder

The proper joinder of causes of action is fundamental to procedural efficiency. Conversely, misjoinder can lead to significant procedural complications and, if not corrected in a timely manner, may jeopardise the plaintiff’s case.