§ 5/4-211 Seeking wrong remedy not fatal

Codes > Illinois Compiled Statutes > Chapter 735 > Act 5 : Article IV > Part 2 : 5/4-211 Seeking

§ 4-211. Seeking wrong remedy not fatal.

    Where relief is sought under Part 2 of Article IV 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.