piece of paper produced evidencing payment of interest, though pleaded inconsistently. Even so far as escalation is concerned, there is no pleading or relevant material
that the respondents herein are not entitled to raise any
inconsistent pleadings on the ground that there must be consistency
between the original pleadings ... real controversy between the
parties. Therefore, the Court held that inconsistent pleadings cannot
be permitted by filing additional counter after completion of major
part
parties to the pleading and
the person verifying the pleading has to also
furnish the affidavit in support of the pleading.
Therefore ... stage of proceedings, the
Defendants cannot be permitted to make the
inconsistent pleading. It would prejudice the
rights of the Defendant
Whereas the 1st appellate Court very
elaborately appreciated the implications of inconsistent
pleadings of the plaintiffs, their admissions on oath and the
position
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
first appellate court further held that the inconsistent
pleading was made by the 1st plaintiff in the subject suit
piece of paper produced evidencing payment of interest, though pleaded inconsistently. Even so far as escalation is concerned, there is no pleading or relevant material
inconsistent pleadings of the defendant. While
claiming ownership to the suit property, it was also pleaded that the
defendant was a licensee. These inconsistent stands ... said Act, it is necessary to refer to the respective
pleadings of the parties. While the plaintiff came up with a specific
case that
petitioner had prayed for deletion of certain portions of the original pleadings and to
introduce some new facts, which might have amounted to withdrawal ... ground of defence or
substituting or altering a defence or taking inconsistent pleadings in the written statement
can also be allowed.
It is pointed
Further, it is contended that
the defendants cannot plead inconsistently in that on
the one hand they are claiming as self acquired property