What happens if a party is improperly joined in proceedings?

If a party is improperly joined in proceedings, the appropriate action is to either remove that party from the proceedings or join them properly according to the rules governing civil procedure. This ensures that the legal process is fair and that the correct parties are involved in the litigation.

Improper joinder can arise when a party does not have a sufficient connection to the legal issue being litigated or if their presence does not contribute to resolving the dispute. The court has the authority to rectify such a situation, which may involve striking out the improperly joined party or allowing them to be rejoined correctly if necessary. This approach maintains the integrity of the legal process and ensures that the matter can be resolved efficiently and justly.

The dismissal of the entire proceedings is not automatic in cases of improper joinder, and the remaining parties can still pursue their claims. Additionally, requiring the improperly joined party to attend all court hearings would not be appropriate, as they should only be involved to the extent that their participation is legally justified. The focus remains on correcting the procedural issue to facilitate the fair administration of justice.