forms part of the pleadings, it has been observed
that subsequent pleadings are not substitute for
amendment in the original pleadings. In fact, a Full ... held that even while amending
pleadings, there cannot be additional pleadings at
variance or inconsistent with original pleadings."
6. Per contra, Mr. Rajiv Nayar
plaintiff in a suit. A defendant is permitted to take up inconsistent
pleadings, which is not available to a plaintiff. Moreover, it is no longer
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
amendment in the
written statement are in any way inconsistent with the
previous pleadings of the defendant. While considering an
application for amendment, the court ... upon such terms as the court thinks fit.
An additional pleading cannot be inconsistent with the
previous pleading of the party filing the same
this Court not having pecuniary jurisdiction also has been taken, pleading
inconsistency between Delhi High Court Act, 1966 as amended by Delhi
High Court (Amendment ... allegedly infringing goods being sold outside Delhi; (iii)
the plaintiff has expressly pleaded in para 35 of the plaint that the plaintiff
does not have
continued, and
(e) his possession was open and undisturbed. A person pleading
adverse possession has no equities in his favour. Since he is
trying ... aspects are noticeable, firstly, the
respondents/plaintiffs have come with inconsistent pleading of acquisition
of title through fore-fathers and acquisition of title by adverse
plaint. Defendant is entitled to take new defence and can also
plead inconsistent pleas in the amendment. Even the
admissions in the pleadings ... made by the defendant was negated.
[14]. The admission made in the pleadings cannot be
withdrawn by way of amendment. Petitioners want to resile from
plaint. Defendant is
entitled to take new defence and can plead inconsistent stand and
even explain admission made in the earlier written statement ... Usha
Balashaheb Swami and others' case (supra). Even defendant
can plead inconsistent stand and can explain the admission made in
the earlier written statement
over the
same. The documents in support of this belated and inconsistent
pleading of the plaintiff were manufactured. The suit land had been
recorded ... court has rightly negatived
the plea of adverse possession. The pleading suffers from internal
inconsistency.
14. The word 'raiyat' has been defined
said case being found to be completely
inconsistent with the pleadings already set out by the petitioner / plaintiff
in the plaint and further, finding that ... when the documents in question are found to be
completely inconsistent with the pleading already set out in the plaint and
further when
