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AMENDMENT 107
4: AMENDMENT
45
SUMMONS for leave to amend pleading’
(Heading as in Form 17)
Ler att Parmizs concerned attend (continue as in Form 29) on the hearing
of an application by the [Plaintiff or Defendant] for an order that he be at
liberty to amend his [Statement of Claim or Defence or as the case may be] in
this action
[Bither: by adding after paragraph 4 thereof the following paragraph,
namely, (set it out), and by numbering the existing paragraphs 5 and 6 of the
said [Statement of Claim or Defence] 6 and 7 respectively’,
Or: by altering the same in the manner shown in red on the copy thereof
delivered herewith’),
Ap that the costs of this application and of the amendments consequential
thereon may be costs in the cause.
(Conclude as in Form 29 or 31)
1 See RSC Ord 20. 5, Paragraph 63 ante and the Procedural Table Step 43 ante. A supporting affidavit
is not normally required. The application may also be made on the summons for ditections or the
notice thereunder, For an order see Farin 46 post.
2 Use this form ifthe required amendment can be described shortly,
3 Use this form ifthe required amendments are numerous or cannot be described shortly
46
ORDER giving leave to amend pleading!
(Heading as in Form 17)
Uron (continue as in Form 34) .
Iris Oxperep that the [Plaintiff or Defendant] be at liberty [to amend his
[Statement of Claim or Defence or as the case may be] by (state the amendment
ordered by the Master, as in Form 45) ot on or before .....-... 19... to serve on
the [Defendant or Plaintiff] an amended [Statement of Claim or Defence] in
accordance with the amendments in red ink shown on the copy [Statement
of Claim or Defence} initialled by the Master’]
ANp that the [Defendant or Plaintiff] be at liberty to consequentially
amend his [Defence or Reply] and to re-serve the same as amended within
sss.» days after service of the amended [Statement of Claim or Defence or
4s the case may be]
Ap that the costs incurred and thrown away by this amendment and the
costs of any consequent amendment and of this application be [costs in the
cause or the [Defendant's or Plaintiff's] in any event or as the case may be]
1 See RSC Ord 20 r 5, Paragraph 63 ante and the Procedural Table Seep 44 ante, The order usually
makes provision for pleading by the opposite party, although he may plead to the amended pleading
‘or amend his pleading within the time he then has to plead or within 14 days from the service of the
amendment, whichever last expites: RSC Ord 20 r 3 (2)-(5). For a summons see Form 43 ante; for
a forsn of amended pleading see Form 15 ante.
