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1967 MarsdenLR 111

JUDGMENT

Raja Azlan Shah J:

1

On 27 January 1966 the plaintiffs commenced an action against the defendant by way of specially indorsed writ for a liquidated sum of $33,362.89, particulars whereof are set out in the annexure thereto. The defendant on the other hand only admits owing them a sum of $5,763.30. The action was set down for hearing on 29 June 1967. However, on 22 May 1967 the plaintiffs applied by summons in chambers which was subsequently adjourned to open Court for amendment of their pleadings. The particulars they sought to amend, inter alia, were for the sum of $33,362.89 to read $34,408.89, damages for breach of contract and/or the tort of conversion, and fraud. As the plaintiffs have pleaded fraud for the first time, they must as a matter of necessity apply for a conversion of the specially indorsed writ to a general writ. In this connection I need only refer to the relevant portion of O. 3 r. 6 of the Rules of the Supreme Court, 1957, which reads:

"6. (1) In any action other than one which includes:

(a) ....

(b)a claim by the plaintiff based on an allegation of fraud,

the writ of summons may, at the option of the plaintiff, be specially indorsed with or accompani

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