Improper joinder under Order 1 rule 10(2) CPC can be corrected at any stage if no relief is claimed against the party.

Order 1 rule 10(2) CPC empowers the court to strike out a party improperly joined at any stage of the proceedings, including before a written statement is filed. The relevant test is whether the party has any real connection with the relief claimed and is necessary or proper for adjudication. As the plaint disclosed no allegation or claim against defendant no. 2 and sought damages only against defendant no. 1, defendant no. 2 had no connection with the cause of action or relief. The application was therefore maintainable, and defendant no. 2 was liable to be struck out.

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Issues: Whether the application to strike out the name of defendant no. 2 could be entertained at the stage before filing of the written statement, and whether defendant no. 2 was improperly joined in the suit within Order 1 rule 10(2) of the Code of Civil Procedure, 1908.

Analysis: Order 1 rule 10(2) empowers the court to strike out the name of any party improperly joined at any stage of the proceedings, including before the written statement is filed. The relevant inquiry is whether the party has any connection with the relief claimed in the plaint and whether its presence is necessary or proper for adjudication of the suit. The plaint disclosed no allegation or claim against defendant no. 2, and the relief for damages was sought only against defendant no. 1. In these circumstances, defendant no. 2 had no real connection with the cause of action or the relief claimed.

Conclusion: The application was maintainable at that stage, and defendant no. 2 was improperly joined; its name was liable to be struck out.

Ratio Decidendi: A party against whom no relief is claimed and against whom the plaint discloses no allegation is improperly joined and may be struck out at any stage under Order 1 rule 10(2) of the Code of Civil Procedure, 1908.

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