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In civil procedure, what is meant by misjoinder of parties?

Misjoinder means improper joinder, while nonjoinder means omission of a party who should be joined. Order I rules 9 and 10 of the Code of Civil Procedure distinguish the two…

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In civil procedure, what is meant by misjoinder of parties?

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Answer and explanation

Correct answer A

Misjoinder means improper joinder, while nonjoinder means omission of a party who should be joined.

Order I rules 9 and 10 of the Code of Civil Procedure distinguish the two and address how the court can deal with a joinder defect.

Option feedback

Option A

Misjoinder concerns improper joinder of a party.

Option B

Omission of a party who should have been joined is nonjoinder.

Option C

Joinder allowed by the procedural rules does not create misjoinder.

Option D

Striking out an improperly joined party is a remedy for misjoinder.

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