CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1159
179. Application for leave to amend may be made by either party to the court, and such amendment may be allowed on such terms as to costs or otherwise as may be just.
Application for leave to amend. O. 28, r. 6.
180. The statement of claim may be amended at any time before the statement of defence has been filed, by leave of the court obtained ex parte.
Right of amendment ex parte. H. K. Code, s. 32 (5).
181. Where the plaintiff considers the contents of the statement of defence to be such as to render an amendment of the statement of claim necessary or desirable, he may obtain ex parte an order to amend the statement of claim, on satisfying the court that the amendment is not intended for the purpose of delay or vexation, but is considered to be material for the plaintiff's case.
Amendment of statement of claim after statement of defence. H. Code, s. 30, (2).
182. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or, if no time is thereby limited, then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, become ipso facto void, unless the time is extended by the court.
Failure to amend after order. O. 28, r. 7.
183. Whenever any indorsement, pleading, or particulars is or are amended, the same when amended shall be marked with the date of the order, if any, under which the same is or are so amended, and of the day on which such amendment is made, in manner following, viz.:-" Amended the ... day of ..., 19..., pursuant to order dated the ... day of ..., 19..."
Date of order and date of amendment to be marked. O. 28, r. 9.
184. Whenever any indorsement, pleading, or particulars is or are amended, such amended document shall be filed within the time allowed for amending the same, and a copy thereof under the seal of the court shall forthwith be served on the opposite party.
Filing and service of amended pleading. O. 28, r. 10.
185. Any clerical mistake in any judgment or order, or any error arising therein from any accidental slip or omission, may at any time be corrected by the court, on motion or summons, without an appeal.
Correction of clerical mistake in judgment, etc. O. 28, r. 11.