Principle

CIVIL PROCEDURE – Amendment of Pleadings – Object of Courts

Area of law
CIVIL PROCEDURE
Court
Supreme Court

This articulates fundamental philosophy underlying amendment jurisdiction. Courts' object: Decide parties' rights according to actual merits—not punish procedural mistakes by deciding contrary to rights. Amendment principle: All errors/mistakes (except fraud or overreaching) should be correctable if possible without injustice to opponent. "Courts do not exist…

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