(735 ILCS 5/19-122) (from Ch. 110, par. 19-122)
Sec. 19-122.
Seeking wrong remedy not fatal.
Where relief is sought
under Article XIX 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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