Cap. 12 Art. 213In inferior courts, the court may adjudge on a right although not falling precisely within original claim.

In first instance, in the Court of Magistrates (Malta) and in the Court of Magistrates (Gozo) in its inferior jurisdiction, where the claim as stated in the application has not been made to appear, but nevertheless, another right has been made to appear although such other right does not fall precisely within the terms of the claim as originally framed, the court may adjudge upon such other right so made to appear on the same application:

Provided that the court shall, if a request is made to that effect, or if it shall deem it proper so to do, allow a short time to the defendant to prepare his defence against such other right:

Provided further that in no case shall the court award a sum beyond that originally claimed.