OpenLegislation

Paragraph 38 Amendment, Conjunction, Etc

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

The Court may, either of their own accord or on the motion of any person interested, at any time before a Final Order has been pronounced in an Application and upon such terms or conditions as to notice, intimation or service and expenses or otherwise, as the Court shall think proper,

(a)

Amend any error, omission or defect in the Application or any pleadings or proceeding therein;

(b)

Qualify, restrict, enlarge, or add new conclusions to, the conclusions of the Application, notwithstanding that, by such amendment or addition, additional or alternative remedies may be sought or a larger sum of money or an additional area of land or other interests in land may thereby be subjected to the adjudication of the Court;

(c)

Strike out the names of any persons who have, improperly or unnecessarily, been made parties to the Application;

(d)

Substitute or add the names or proper characters of any persons as Applicants or Respondents who ought to have been, but were not, made parties, Applicant or Respondent as the case may be, or not made parties in their proper character, representative, individual or otherwise;

(e)

Substitute or add the names of any persons as parties, Applicant or Respondent as the case may be, who by reason of any assignation or renunciation by, or the marriage, sequestration or death of, any of the parties to the Application, or of any other event occurring during its dependence, have acquired any right or interest, or become subject to any liability, in respect of the matters to which the Application relates;

and, when necessary to enable the Court effectually to determine, or adjudicate on, the real matters in dispute, such amendments or additions shall be made or allowed.