(735 ILCS 5/16-111) (from Ch. 110, par. 16-111)
Sec. 16-111.
Seeking wrong remedy not fatal.
Where relief is sought under Article XVI 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 or petitioner has pleaded or established facts which
entitle him or her to relief but that he or she 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 or petitioner 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 or respondent to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff or petitioner to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82-280.)
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