(735 ILCS 5/2-617) (from Ch. 110, par. 2-617)
Sec. 2-617.
Seeking wrong remedy not fatal.
Where relief is sought
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 entitled 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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