AMENDMENTS OF WRIT, PLEADINGS AND OTHER DOCUMENTS. [Ord.

20 ]
INTRODUCTION It is clear that the duty of the person responsible for the drafting and filling of the pleadings to ensure that the pleadings falls within the rules of pleadings : [o. 18] and fully set out the claim or the counterclaim or the defence. Mistakes , however, may be amended under [O.20]. Sometimes, the leave of the court is necessary. Amendments may be made at any stage of the pleadings. Obviously the earlier the better , so that consequential amendment by the other side may be kept to the minimum. Generally, under [O.20], such party has a right to amend the pleading which he think best. The court should not interfere in drafting the pleadings as the party has the right to amend them, but there is an exception that such amendment should not be prejudicial in the interest of the other party. Charapede v Commercial Union Association (1822) WR England 262:
The court has discretion to allow amendments. Amendments are allowed only if they cause no injury or injustice to the opposite party or if the opposite party can be sufficiently compensated for by cost or other terms. H/ever negligent or careless may have been the first omission, and h/ever late the proposed amendment, the amendment should be allowed if it can be w/out injustice to the other side. There is no injustice if the other side can be compensated by cost.

1.

AMENDMENT OF WRITS W/OUT LEAVE: [O. 20 r 1]

TYPES OF AMENDMENTS 6. AN AMENDEMNT TO CORRECT NAME, ALTER THE CAPASITY : 4. DISALLOWANCE OF AMENDEMNT [O 20 r. 5 (3) and (4) ] MADE W/OUT LEAVE [O. 20 r 4] (1) within 14 days after the service on a party of a writ amended under r. 1 (1) or of a pleading amended under r. 3(1) , that party may apply to the court to disallow the amendment. (2) where the court hearing an application under this rule is satisfied that - if an application for leave to make an amendment in question had been made under rule 5 at the date when amendment was made under r. 1(1) or r. 3(1) leave to the amendment or part of the amendment would have been refused, - it shall order the amendment or that part to be struck out. (3) any order made on an application under this rule, may be made on such terms as to costs or otherwise as the court thinks just. 5.AMENDMENT OF WRIT OR PLEADING WIT LEAVE: [ O. 20 r. 5] (1) Subject to order 15 (6),(7) and (8) and the following provisions of this rule, the court may at any stage of the proceedings allow (a) the P to amend his writ, or (3) an amendment to correct the name of a party may be allowed under para (2) notwithstanding that it is alleged that the effect of the amendment will be to substitute a new party if the court is satisfied that the mistake sought to be corrected was a genuine mistake and was not misleading or such as to cause any reasonable doubt as to the identity of the person intending to sue or, intended to be sued. (4) an amendment to alter the capasity in which a party sues (whether as P or as D by counter claim) may be allowed under para (2), if the capasity in which, if the amendment is made, the party will sue is one in which at the date of issue of the writ or the making of the counterclaim, as the case may be, he might have sued. (5) amendment may be allowed even if the amendment will be to add or substitute a new cause of action if the new cause of action arises out of the same facts or substantially the same facts as a cause of action in respect of which relief has already been claimed in the action by the a party applying for leave to make the amendment. 7. AMENDMENT FOR OTHER ORIGINATING PROCESS:[ O.20 r.7] (7) Rule 5 shall have effect in relation to an originating summons, a petition and an originating notice of motion as it has effect in relation to a writ. 8. AMENDMENT OF CERTAIN DOCUMENTS [O. 20 r. 8] (1)The court at any stage of the proiceeding, may at its own motion or on the application of any party to the proceedings order any documkents in the proceeding to be amended on such terms as to costs pr otherwise which is just. (2) This rule not applicable to a judgement or order. 9. FAILURE TO AMEND AFTER ORDER : [O. 20 R. 9 ] Where the court makes an order under this Order giving leave to amend a writ, pleading or other document, then if that party does not amend the document in accordance with the order before the expiration of the period specified in the order or if not specified, of a period of 14 days after the order was made, the order shall cease to have effect, without prejudice, but the court may extend the period. 10. MODE OF AMENDMENT OF WRIT [ O.20 r.10 ] (1) where the amendments authorized under any rule of this order to be made in a writ, pleading or other documents are so numerous or lengthy so as to give effect to them would make it difficult or inconvenient to read, a fresh document , amended s so authorized must be prepared and in case of writ or originating summon re- issued and subject to any direction given in rule 55 and 8, the amendments so authorized may be effected by making in writing the necessary alterations of the document and in case of a writ or OS, causing it to be sealed and filling a copy. (2) the amended writ or pleading or documents must be indorsed with a statement that it has been amended, date on which it was amended and by whom the order was made, the number of the related rule 11. AMENDMENT OF JUDGEMENBT AND ORDER [O. 20 R.11] Clerical mistake in judgement or orders or errors arising there on from any accidental slip or omission, may at any time be corrected by the court by summons w/out an appeal/ [ O. 42 r. 11(6 ] A judgement or order shall not be amended except on production of the duplicate thereof last issued, and if the judgement or order is amended the duplicate so issued shall be similarly amended and the amended sealed under the direction of the Registrar.

(1)The P may, w/out the leave of the court amend the writ once at any time before the pleadings in the action begun by the writ are deemed to be closed. (2)The amended writ must be served on each D to the action (3)This rule shall not apply), in relation to an amendment which consist of (a) the addition, omission or substitution of a party to the action, or an alteration of the capasity of party.; or (b) (b) the addition of substitution of a new cause of action ;or (c) (c) amendment of the statement of claim (if any) indorsed on the writ. This rule is not applicable ,unless the amendment is made before service of the writ on any party to the action 2. AMENDMENT OF APPEARANCE [ o. 20 R. 2] A defendant may nnot amend his memorandum of apperance w/out the leave of the court.

3.

AMENDMENT OF PLEADINGS W/OUT LEAVE : [O. 20 R 3 (1) & (2) ] (1) A party may w/out leave of the court amend any pleading of his once at any time before the pleadings are deemed to be closed , and if so, he must serve the amended pleading on the opposite party. (2) where an amended statement of claim is served of a D : (a) the D , if he has already served a defence on a P , may amend his defence. (b) The period for service of his defence or amended defence, shall be either the period fixed by or under these rules for service of his defence or a period of 14 days after the amended statement of claim is served on him which ever expires later. (3) where an amended defence is served on the P by a D : (a) the P , if he has already served a reply on that D , may amend his reply; and (b) the period for service of his reply or amended reply, shall be 14 days after the amended defence is served on him. The reference to defence includes counterclaim and defence to counterclaim.

(b)

any party to amend his pleading on such terms as to costs or otherwise as may be just .

(2) where an application to the court for the leave to make the amendment mentioned in para (3)(4) or (5) is made after any relevant period of limitation current at the date of issue of the writ has expired, the court may nevertheless grant such leave in the circumstances mentioned in that para if it thinks just to do so. Chatsworth Investment Ltd. v Cussion (Contractors) Ltd. (1969) 1 WLR 1:
Under the rigid rule of practice in Weldon v Neal (1887) 19 QBD 394, any amendemnt was disallowed if it would deprive the D of a defence under the Statute of Limitation. But that rule of practice was found to work injustice in many cases. The new Rule of Court order 20 r. 5(1), (3), (4) and (5) has specifically overruled a series of case which worked injustice. In view of the new rule, the court should now allow an amendment whenever it is just so to do even though it may deprive the defendant of a defence under the Statute of Limitation. (It means that even limitation period had expired the court shall still allow it if it is just.)