Morris vs Dias – clr volume 2 page 187

The case between the plaintiff and the defendant concerned the issue of whether a newly added claim for the price of a pony delivered (initially omitted and later included by amendment) related back to the date of the original writ for the purposes of limitation under section 9 of Ordinance No. 22 of 1871. It was held that the amended cause of action related back to the date of the original writ, and thus the claim was not barred by prescription. The holding reaffirmed the principle that amendments introducing a new count arising out of the same transaction or subject matter are deemed to relate back to the original writ date, supported by the construction of procedural law under the relevant Ordinance. The impact of the decision clarifies the application of limitation periods in the conte