Misnomer: Definition and Meaning

Misnomer is a principle of law which has been in existence for centuries for its acute significance in the legal process especially during the proceedings in a court of law. Misnomer is literally derived from French and Latin terms and collectively refers to the wrong name and description of a party in a suit. As a legal principle it also demonstrates that the incorrect reference must be amended for the administration of justice in its entirety.

What is the meaning of Misnomer?

The word Misnomer means that either there is an error in the name and description of a party to a suit in the court of law or a wrong reference or description has been used to refer to that particular party.

Misnomer Or Misdescription in CPC

The term and doctrine of misnomer is used and widely applied in all legal proceedings across the country as though it is not mentioned specifically in a statute, although judicial interpretations have been significant for its application. The Code of Civil Procedure, 1908 provides that a plaint shall contain the name and description of the plaintiff and as well as that of the defendant.

Generally, a person (individual or legal personality) is sued by or sue in their correct name although sometimes due to some reason there might be an error. The error can be corrected or removed by an amendment to the pleadings.

Correction Through Amendment

Section 153 of CPC empowers and confers discretion on the court to allow an amendment for curing a defect or error with respect to the suit at any stage of the proceedings. Though the discretion is exercised judicially and is subject to the mandate of the statute which says that if the amendment is necessary to determine the real question or issue involved in the suit, then it must be permitted.

Misnomer Differs from Misjoinder

There exists a slight confusion among legal practitioners sometimes about the right of a party to seek correction of the name and description of parties because the CPC does not provide the difference specifically, however the courts have been commendable to spark a distinction between the two.

Misjoinder means that a wrong person was made party to the suit, but misnomer means that the party was correct but there was an error in its name or description, thus, just to correct the title of the party.

Further, though both are decided on the basis of the fact and circumstances of the case, nevertheless, misdescription does not affect any legal right or liability of a party, however, misjoinder does have the power to affect the rights and claims of the parties as it’s not about title of a person, instead about their capacity which has a bearing on the case.

The Hindu Succession Act and The Representation of People Act

The Section 76 of the Hindu Succession Act, 1956 provides that any misnomer or misdescription in a will designating the legatee would not affect the legacy taking effect. Similarly, Section 33 of the Representation of People Act, 1951 stipulates that a misnomer or inaccurate description in regard to the name of the candidate or his proposer would not affect the nomination or electoral roll.

Significance and Effects

Misnomer is a crucial principle and needs to be applied precisely for the administration of justice in all terms therefore its application through an amendment is easily permitted by courts. However, if misnomer is of critical nature, then it would affect the capacities of the parties which can become a legal issue and many at times it is not allowed as there arise a legal right of another party due to wrong of one party, for instance bar of limitation.

Hence, misnomer in general is a legal doctrine which aims at providing justice and relief to the parties concerned by properly describing them in the legal proceedings.

Frequently Asked Questions

What is the object behind the maxim of misnomer?

The object of the doctrine of misnomer is to make the parties in a suit liable for the claims in their correct capacity and title, as to avoid any possibility of giving them an opportunity to escape from liabilities by giving unjust excuses.

Explain the approach and attitude of court in admitting plea of misnomer?

The attitude and approach of courts have been liberal so far as this is a technical error without any major fault of the parties, thus, the pleas are allowed in general unless a legal issue arises.