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…If the respondent had paid the appellant one month’s salary and dispensed with his services forthwith, the appellant would have had no cause of action. In our view this appeal has no merit and is accordingly dismissed.…

…I have no doubt the appellant was taken by surprise by the introduction of the unpleaded cause of action at the hearing, but although his advocate protested he did in fact, to some extent, participate in the consideration…

…This appeal might never have been brought if the true cause of the action had been pleaded.…

…Two important paragraph of the plaint, namely paragraphs 6 and 7 primarily set out the respondent’s cause of action. The allegations made in these paragraphs were nor denied at all in the defence dated 2nd July 1991.…

…The plaint dated 18th August, 1995 discloses no cause of action against the defendants. It cannot survive the application. It is struck out with no orders as to costs. Orders accordingly.…

…The plaint dated 18th August, 1995 discloses no cause of action against the defendants. It cannot survive the application. It is struck out with no orders as to costs. Orders accordingly.…

…King [1908] 2 KB 696 at 724:- “...........But in my opinion it is the duty of the plaintiff’s counsel, the duty which ought to be enforced by the judge, when he asks for an amendment which raises a fresh issue or a fresh cause…

…of action, to formulate and state in writing the exact amendment that he asks, in justice to the defendant, in order that he may know exactly the new case that he has to meet, and to the learned judge in order that he may…

…There is no doubtthat the claim by the Plaintiff in her capacity as theadministrator of the estate of the deceased under the Law ReformAct is a distinct and separate cause of action from the claim bythe plaintiff on her own…