sec.376Amendment after limitation period

### sec.376 Amendment after limitation period This rule applies in relation to an application, in a proceeding, for leave to make an amendment mentioned in this rule if a relevant period of limitation, current at the date the proceeding was started, has ended. The court may give leave to make an amendment correcting the name of a party, even if the effect of the amendment is to substitute a new party, only if— the court considers it appropriate; and the court is satisfied that the mistake sought to be corrected— was a genuine mistake; and was not misleading or likely to cause any reasonable doubt as to the identity of the person intending to sue or intended to be sued. The court may give leave to make an amendment changing the capacity in which a party sues, whether as plaintiff or counterclaiming defendant, only if— the court considers it appropriate; and the changed capacity in which the party would then sue is one in which, at the date the proceeding was started by the party, the party might have sued. The court may give leave to make an amendment to include a new cause of action only if— the court considers it appropriate; and the new cause of action arises out of the same facts or substantially the same facts as a cause of action for which relief has already been claimed in the proceeding by the party applying for leave to make the amendment. r 376 sub 2004 SL No. 276 s 5 (sec.376-ssec.1) This rule applies in relation to an application, in a proceeding, for leave to make an amendment mentioned in this rule if a relevant period of limitation, current at the date the proceeding was started, has ended. (sec.376-ssec.2) The court may give leave to make an amendment correcting the name of a party, even if the effect of the amendment is to substitute a new party, only if— the court considers it appropriate; and the court is satisfied that the mistake sought to be corrected— was a genuine mistake; and was not misleading or likely to cause any reasonable doubt as to the identity of the person intending to sue or intended to be sued. (sec.376-ssec.3) The court may give leave to make an amendment changing the capacity in which a party sues, whether as plaintiff or counterclaiming defendant, only if— the court considers it appropriate; and the changed capacity in which the party would then sue is one in which, at the date the proceeding was started by the party, the party might have sued. (sec.376-ssec.4) The court may give leave to make an amendment to include a new cause of action only if— the court considers it appropriate; and the new cause of action arises out of the same facts or substantially the same facts as a cause of action for which relief has already been claimed in the proceeding by the party applying for leave to make the amendment. - (a) the court considers it appropriate; and - (b) the court is satisfied that the mistake sought to be corrected— (i) was a genuine mistake; and (ii) was not misleading or likely to cause any reasonable doubt as to the identity of the person intending to sue or intended to be sued. - (i) was a genuine mistake; and - (ii) was not misleading or likely to cause any reasonable doubt as to the identity of the person intending to sue or intended to be sued. - (i) was a genuine mistake; and - (ii) was not misleading or likely to cause any reasonable doubt as to the identity of the person intending to sue or intended to be sued. - (a) the court considers it appropriate; and - (b) the changed capacity in which the party would then sue is one in which, at the date the proceeding was started by the party, the party might have sued. - (a) the court considers it appropriate; and - (b) the new cause of action arises out of the same facts or substantially the same facts as a cause of action for which relief has already been claimed in the proceeding by the party applying for leave to make the amendment.