1964 Present: Basnayake, C.J., Abeyesundere, J., and
Sri Skanda Rajah, J.

S. THIRUMALAY and another, Appellants, and
P. KULANDAVELU, Respondent

 S. C. 106/61 (Inty.)-D. C. Hatton, 5907

Pleadings-Amendment of plaint-Scope-Alternative cause of action-No provision for pleading it-Civil Procedure Code, ss. 36, 46, 93.

      Plaintiff filed a plaint basing his action on a contract of partnership. He sought to amend the plaint subsequently by adding an alternative cause of action based on trust.

     Held, that a plaint cannot be amended so as to convert an action of one character to an action of another and inconsistent character.

     Held further, that, while section 36 of the Civil Procedure Code permits a plaintiff to unite in the same action several causes of action, there is no provision in the Code for pleading causes of action in the alternative. The Court has therefore no power to amend a plaint by adding an alternative cause of action.

APPEAL from a judgment of the District Court, Hatton.

                    H. W. Jayewardene, Q.C., with L. C. Seneviratne and I. S. de Silva, for the defendants-appellants.