Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 175
175. (1) The court may, at any stage of the proceedings, at the
request of any of the parties, until judgment is delivered afte r
hearing where necessary the partie s, order the substitution of any
act or permit any written pleadin g to be amended, either by add ing
or striking out the name of any party and substituting another name
therefor or by correcting any mi stake in the name or in the
character of the parties, or by c orrecting any other mistake or by
causing other submission of fact or of law to be added even by
separate note, provided that no such substitution or amendment
shall affect the substance either of the action or of the defen ce on
the merits of the case.
(2) Any court of appellate jurisdiction may also order or
permit, at any time until judgment is delivered, the correction of
any mistake in the application by which the appeal is entered o r in
the answer, including any mistake in the indication of the cour t
which delivered the decision ap pealed from, in the name or
character of the parties, or in the date of the judgment appeal ed
from:
Provided that any court of appellate jurisdiction may also
order corrections in the judgment of the court of first instanc e and
other corrections that the court of appellate jurisdiction cons iders
to be justified in the acts of the case at any stage of the app eal
proceedings until the appeal is adjourned for judgment, at the
request of any of the parties, and after granting the parties a n
opportunity to be heard:
Provided further that a court of appellate jurisdiction may
also order corrections in a judg ment which it has delivered upo n an
application filed by any of the parties within thirty days from the
date of the judgment.
(3) Any judicial or administrative omission or mistake in a
judicial act may until the court shall have delivered judgment and
disposed of the case be remedie d by a court of its own motion.
Mode of drawing
up pleadings.
Amended by:
XV .1913.60.
Substituted by:
XIX.1965.7.
Amended by:
XXIV .1995.86;
XXXI.2002.60.
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