(735 ILCS 5/10-121) (from Ch. 110, par. 10-121)
Sec. 10-121.
Seeking wrong remedy not fatal.
Where relief is sought
under Article X of this Act and the court determines, on motion directed
to the pleadings,
or on motion for summary judgment or upon trial, that the plaintiff has
pleaded or established facts which entitle the plaintiff to relief but that
the plaintiff has sought the wrong remedy, the court shall permit the pleadings
to be amended, on just and reasonable terms, and the court shall grant the
relief to which the plaintiff is entitled on the amended pleadings or upon
the evidence. In considering whether a proposed amendment is just and reasonable,
the court shall consider the right of the defendant to assert additional
defenses, to demand a trial by jury, to plead a counterclaim or third party
complaint, and to order the plaintiff to take additional steps which were
not required under the pleadings as previously filed.
(Source: P.A. 82-280.)
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