Misjoinder of cause of action occurs when multiple unrelated claims, or claims against different defendants without a common link, are improperly combined in a single lawsuit.
Misjoinder is the improper joining of parties or causes of action in a lawsuit. It occurs when claims that are not related or involve different defendants are combined into a single suit, without a common thread linking them.
While joinder (combining related claims) is permitted to save time and costs, misjoinder may lead to confusion or injustice.
If misjoinder is found, the court may strike out the unrelated claims, order separate trials, or in some cases, dismiss the suit.
Non joinder is quite different from misjoinder. Non-joinder occurs when necessary parties are not included, in the suit. Misjoinder, on the other hand, involves improperly including parties or claims that should not be in the suit.
The Code of Civil Procedure, 1908 (CPC) governs the joinder and misjoinder of causes of action, primarily in its Order II, Rule 6.
For example, a plaintiff suing a company for breach of contract, and for including an unrelated claim against an individual employee.
Including multiple claims against different defendants who are not connected to the same cause of action is also misjoinder of causes of action.
Objection should be taken up at the earliest
The objections on the ground of misjoinder of parties and causes of action should be taken at the earliest opportunity as provided in Order I Rule 13 and Order II Rule 7 of the CPC.
Similarly, the objections on the ground of multifariousness also should be taken at the first opportunity by virtue of the aforementioned provisions. The effect of not taking the objection at the earliest possible opportunity has been narrated in Order I Rule 13 and Order II Rule 7 of the CPC. Those provisions say that if the objection was not taken at the earliest possible opportunity, at or before settlement of issues, the objection shall be deemed to have been waived.
Consequences
Separate Trials: The court may order separate trials for the different causes of action to avoid confusion.
Striking out unrelated claims: The court can strike out unrelated claims from the suit.
Dismissal of the Suit: In severe cases, the court may dismiss the suit if the misjoinder causes injustice or undue confusion.
Importance of proper causes of action
Proper joinder of causes of action promotes judicial efficiency by allowing related claims to be heard together.
Misjoinder, conversely, can lead to procedural inefficiencies and potentially dismiss the suit if not corrected.
