previous pleadings may be pleaded in such additional written statement and if pleaded the court may exercise its jurisdiction to strike off such pleadings ... pleading cannot be at variance or inconsistent with the original pleading;
(iii) A pleading inconsistent with or in departure from an original pleading
supra) that admissions made once cannot be whittled down by inconsistent
pleadings introduced through amendments.
V. To permit amendment or not, the test ... right of the
plaintiff to even show that the inconsistent pleadings that had been introduced
by the defendant was a deflection from truth. After
rule of proof. That inconsistent pleadings can be pleaded in the alternative is a well established rule of pleading, but the proof of a plea ... provisions of substantive law. Therefore, although it is permissible to plead inconsistent, defences in the alternative, such as right of ownership and right of easement
genera principle that the defendant is at liberty to put-forth inconsistent pleadings will not come to the rescue of inconsistent pleadings which are totally ... plaint as well as the contradictory pleadings regarding payment of money paid to the 1st defendant by the plaintiff would show that the plaintiff
plaint
about ownership of the property and, therefore, such a inconsistent
pleading cannot form part of subsequent pleadings. In support of his
contentions, learned counsel ... allowed to set
up a new case or incorporate certain inconsistent pleadings but
then, plaintiff's right to file replication to meet with some
Plaintiff had pleaded an inconsistent case, and (C) the Plaintiff had suppressed
material documents.
A. This Court does not have jurisdiction :
27. Mr. Tulzapurkar submitted ... submitted that the Plaintiff's contention
that the plea of inconsistent pleadings had been satisfactorily answered in rejoinder
was wholly unsustainable and deserves
combination plea of irreconcilables, which law understands as
inconsistent pleadings. Both pleas of family arrangement and ouster pre-
supposes that the heirs of Nachammal ... does not prohibit inconsistent pleadings,
still during trial, the party pleading them ought to elect one among the
various inconsistent pleadings. This was not done
combination plea of irreconcilables, which law understands as
inconsistent pleadings. Both pleas of family arrangement and ouster pre-
supposes that the heirs of Nachammal ... does not prohibit inconsistent pleadings, still
during trial, the party pleading them ought to elect one among the various
inconsistent pleadings. This was not done
combination plea of irreconcilables, which law understands as
inconsistent pleadings. Both pleas of family arrangement and ouster pre-
supposes that the heirs of Nachammal ... does not prohibit inconsistent pleadings, still
during trial, the party pleading them ought to elect one among the various
inconsistent pleadings. This was not done
defendant is entitled
to take new defence and also to plead inconsistent stand and
in view of our discussions made herein above that by making ... paragraphs 25 and 26 in that decision was not making
inconsistent and alternative pleadings but it was seeking to
displace the plaintiff completely from
