JUDGMENT

Peh Swee Chin J:

This appeal involves a rather important matter of interpretation of O. 15, r. 1, sub-rule (4) of the Subordinate Courts Rules 1980 which is in words same as those in O. 20, r. 5, sub-rule (4) of the Rules of the High Court 1980. It will be desirable, in setting out sub-rule (4), to set out O. 15 r. 1 sub-rules (1) and (2) of the Subordinate Courts Rules 1980:-

"Order 15 r. 1

1. (1) Subject to O. 8, rr. 6, 7 and 8 and the following provisions of this rule, the Court may at any stage of the proceedings allow the plaintiff to amend his summons, or any party to amend his pleading, on such terms as to costs or otherwise as may be just and in such manner (if any) as it may direct.

(2) Where an application to the Court for leave to make the amendment mentioned in para. (3), (4) or (5) is made after any relevant period of limitation current at the date of issue of the summons has expired, the Court may nevertheless grant such leave in the circumstances mentioned in that paragraph if it thinks it just to do so.

(3) ...

(4) An amendment to alter the capacity in which a party sues (whether as plaintiff or as defendant by counterclaim) may be allowed under para. (2) i