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
ruse and has to be
ignored evidenced by the fact that the pleadings of Ms.Anant Verinder
Singh in IA No.4004/2004 would evidence ... only
thereafter that Ms.Anant Verinder Singh changed her stand.
26. Inconsistent pleadings of parties can be given consistency by a Court
with reference
opined :
"10. It is true that inconsistent pleas can be made in pleadings but the effect ... substitution of paras 25 and 26 is not making inconsistent and alternative pleadings but it is seeking to displace the plaintiff completely from the admissions
only be in aid of the pleadings. The pleadings in
this regard are not on record and the pleadings proposed to be incorporated ... ground that,
"such a plea which is totally inconsistent to the existing pleading cannot be
granted by an amendment to the suit".
Being
inconsistency between the pleadings
and the evidence and based on such inconsistent pleadings
and evidence, no court can grant a decree for an
extraordinary relief
1996 had pleaded that property of the
defendants East-West measures 27 feet. In the present suit,
they have pleaded inconsistently and therefore, plaintiffs
against the
claimant either before the police or before the Court by
pleading the truth in the case explaining the details with
regard ... vehicle.
18
16. Of course the parties can take inconsistent pleadings
and inconsistent objections but those objections should not
destroy the interse pleadings pleaded
order to wipe
off the loan transaction. Moreover, the inconsistency in the
pleading and the deposition of the respondent with regard to
the nature ... respondent to make any attempt even to correct such
inconsistencies in the pleadings and evidence and further
absence of cross-examination of the appellant with
changed
from LT VIB to LT IA. The inconsistency in the vital pleadings
contained in the writ petition as well as in the reply affidavit ... before the Board authorities.
17. In view of the inconsistent pleadings, we are unable to
express a definite opinion as to the nature of occupation
pleading cannot be at variance or
inconsistent with the original pleadings; (iii) a pleading
inconsistent with or in departure from an original
pleading
