(735 ILCS 5/11-107) (from Ch. 110, par. 11-107)
Sec. 11-107.
Seeking wrong remedy not fatal.
Where relief is sought under Article XI 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 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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