Procedural: Amendments.

I have made some mistakes in a counter-claim process for my client. The clients are complaining and my boss is furious. Is it possible to amend the contents of a particular document once it is filed to the court and served to the relevant parties? Yes. According to Janab’s Keys to Civil Procedure in Malaysia;

Generally the court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such amendments shall be made as maybe necessary for the purpose of determining the rela question in controversy between the parties.

…. It does not matter whether the original omission arose from negligence or carelessness.

The other side must also be compensated with costs. Generally all amendments must be made with the Leave from the court but according to the Rule, each party may alter and amend their writ and pleading once at any time before the pleadings are deemed to be closed. The rule of amendment can also be applied to Counter-claims.

(Further reference: Order 20 of Rules of High Court & Order 15 of Rules of Subordinate court)

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