with reference to the
plinth area.
Parties cannot be permitted to plead inconsistent pleading
as and when it is convenient to them particularly ... with reference to the plinth area. Parties cannot be permitted to plead inconsistent pleadings as and when it is convenient to them particularly
this Act shall cease to
apply to Hindus insofar as it is inconsistent
with any of the provisions contained in this ... number of inconsistent pleas but
while leading evidence, defendants must confine to one
of the alternative or inconsistent pleadings and cannot
be allowed to blow
this technical ground. Further, he contends that, the
cause of action pleaded by the plaintiffs is from the date
of agreement till the date ... learned counsel also contended that
there are so many inconsistent pleadings with reference
to the possession over the property and the execution
of the agreement
iiacciitsisli-2:.*.1.t_:'*~eiaii.ii1s_ are i
mzlintztinable.
Inconsistent pleadings ai"e7no.t_ proh-ibiteti i..the_VViitii§gaht
framed an additional issue no.4 on the
basis of the above pleading. In arriving at a finding that the
9
defendant had failed ... adverse possession. The
trial court has not however, found the inconsistent pleading to be
amiss. This court on the other hand finds that this stance
previous pleadings of the party
pleading the same shall be raised by way of
amendment only. There is a total prohibition for
pleading new claims ... other mode except by way of amendment to the
existing pleadings. Though subsequent pleadings is
permitted under Order 8, Rule
alternative for releasing him from the Army. This conduct and
inconsistent pleadings of the appellants call for imposition of
exemplary costs, since the petitioners have
they do not have any claim, as is evident
inconsistent pleadings that the property was.Vacl'q.t1ired~.iinderf_ V'
an oral ... andgllalsoli'
seeking to claim title by adverse possession which wholly ;
inconsistent with their first coritention and _further, aiso
claiming to he in possesslio
view taken by the Tribunal is contrary and inconsistent to the pleadings of the parties. The argument raised by respondent 1 which was contrary ... inconsistent with the pleadings set out in the application, is against the rules of equity and good conscience and prevent him from using it against
view that a plaintiff is entitled to plead even
inconsistent pleas while seeking alternative reliefs was
reiterated by this Court in G.
Nagamma v. Siromanamma ... plaintiff therein was seeking alternative
reliefs, he is entitled to plead even inconsistent pleas and
that the amendment of the plaint would neither change
