respondent that the defendant cannot be permitted to set up two inconsistent defences, that is, to plead that the document was a forgery ... consideration is, whether it is open to the defendant to take inconsistent defences of this character.
2. In the case of Mahomed Buksh Khan
open to the defendants to include in their written statement two inconsistent defences; secondly, if it was open to them to do so, whether their ... would have been open to the defendants to include two inconsistent defences in the alternative in their original written statement. In support of this proposition
does not prohibit inconsistent pleadings, and that there is nothing to prevent either party from setting up two or more inconsistent sets of material facts ... inconsistent; so, a defendant may raise, by his statement of defence, without leave, as many distinct and separate, and, therefore, inconsistent, defences
does not prohibit inconsistent pleadings, and that there is nothing to prevent either party from setting up two or more inconsistent sets of material facts ... inconsistent; so a defendant may raise, by his statement of defence, without leave, as many distinct and separate, and therefore inconsistent, defences
ground of rejection. The defendants are even entitled to take inconsistent defences in the written statement. See Basudevan Jaggu Dhobi v. Sukhanandan, reported
liberally construed and a defendant is
entitled to take even inconsistent defences. Mr. Mitra further contends that the
suit being one for partition, the cause
evidence of a parol agreement inconsistent therewith are suspended, the rules prohibiting the setting up of inconsistent defences cease to have operation and the Court
evidence of a parol agreement inconsistent therewith are suspended, the rules prohibiting the setting up of inconsistent defences cease to have operation and the Court
held, inter alia,
that a defendant may raise alternative or inconsistent defences as he may think proper provided it
does not risk the confidence
