compensated by
costs;
(e) Even where the proposed amendment introduces
inconsistency in pleadings, if by the proposed amendment, the
party does not seek to resile ... alter
the nature, character and constitution of the suit (mere
inconsistent pleadings may not, in all cases, change the
nature and character of the suit
easement. As already stated, a party to a suit can plead inconsistent pleas in the alternative such as the right of ownership and a right
claimed adverse possession against the defendants. The plaintiffs cannot plead in plaint directly inconsistent, opposite and irreconcilable claims, and having lost the suit ... incorrect.
21. Learned counsel for the appellants, thinking that there is inconsistancy in pleadings and evidence of the plaintiffs, placed reliance on a case reported
also observed that:
"The petitioner cannot be permitted to plead new facts quite inconsistently with the original pleadings."
It is this order that ... original pleadings" is also, unjustified. A perusal of the proposed rejoinder clearly shows that the petitioner is not pleading any inconsistent new facts
valid evidence as required under law. There are many inconsistencies in the pleadings of the appellant and her evidence and that of her husband ... appellant stand in the pleadings is inconsistent. She alleges that there was an oral agreement of sale between her husband and Respondents
easement by way of prescription are inconsistent pleas. But however, as can be seen from the respective pleadings, though the relief prayed ... Apex Court that a party to a suit can plead inconsistent pleas in alternative such as the right of ownership and a right of easement
separate suit.
23. The view that a plaintiff is entitled to plead even inconsistent
pleas while seeking alternative reliefs was reiterated by a two Judge ... since the plaintiff was
seeking alternative reliefs he is entitled to plead even inconsistent
pleas and that the amendment of the plaint would neither change
fact and unlike the defendants, in a suit, there cannot be
inconsistent pleadings on behalf of the plaintiff to be considered. The omnibus
pleading ... them are inconsistent and
the plaintiff in the suit cannot try to make out a case by such inconsistent
pleadings. Therefore, I hold that
another Vs. M/s.
Ladha Ram & Co. , held that inconsistent pleadings also can be permitted
to be raised and that while allowing such amendments ... alter
the nature, character and constitution of the suit (mere
inconsistent pleadings may not, in all cases, change the
nature and character of the suit
Commissioner Of Income-Tax vs Late Begum Noor Banu Alladin And Anr. on 21 April
