State Of Rajasthan And Anr. vs Mohammed Ikbal And Ors. on 4 March, 1998
8. Cannon Dunkerley & Co. Ltd. v. Steel Authority of India Ltd. (supra) was the case where the Orissa High Court observed that application under Order 8, Rule 9, CPC cannot be treated as one under Order 6, Rule 17, CPC as
both are contextually different. Inconsistent pleas which are at variance with plea originally taken in the suit cannot be permitted to be introduced.