Substituted petitioner in winding up can amend pleadings freely, so long as the original grounds remain unchanged.

After substitution of a contributory in a winding up petition, the substituted petitioner may file a fresh amended petition under Rule 11(ii) with such changes as he wishes to incorporate, provided the amended pleading does not depart in substance from the original grounds for winding up. The rule is broad and is not confined to a bare recital of substituted locus standi; allegations personal to the original petitioner may be omitted and the petition redrafted in the substituted petitioner's own form. Here, the amendments were only a fuller amplification of the original allegations and introduced no essential new basis, so the preliminary objection failed and the amended petition could proceed as filed.

---

---

Issues: Whether, after substitution of a contributory for the original petitioner in a winding up petition, the substituted petitioner may file an amended fresh petition containing amplifications and deletions beyond the bare substitution of locus standi.

Analysis: Rule 11(ii) of the Rules and Orders of the High Court, Volume II contemplates that once substitution is allowed, the substituted person is to file a fresh petition with such amendments as he desires to incorporate. The language of the rule is wide and does not confine amendments to the mere recital of the substituted petitioner's locus standi. A substituted contributory may omit allegations personal to the original petitioner and may draw up the petition in his own manner, so long as the amended petition does not depart in substance from the grounds stated in the original petition. The Court found that the amendments in the present case were only a fuller amplification of the original allegations and did not introduce any essential new basis for winding up.

Conclusion: The preliminary objection failed and the amended petition could be proceeded with as filed.

---