Scottish Court of Session Decisions

In this action of reduction preliminary defences had been put in, and the Lord Ordinary, sustaining one of these defences, had allowed an amendment of the libel. Thereafter his Lordship, “in respect that the summons is not framed with such precision as is required by the statute, and that it does not appear to the Lord Ordinary to be competent to receive a second amendment of the libel,” sustained the preliminary defences, and dismissed the action with expenses, reserving to the pursuer to bring a new action in competent form.

The pursuer reclaimed, contending that a second amendment of the libel was competent under the 6th section of the Judicature Act, which did not refer to the state of the process in the present instance, as the Lord Ordinary was not yet preparing the case with a view to making up the record; and thus the provision of the statute not being applicable, it was necessary to revert to the old form of process which allowed successive amendments of the libel.