alternate pleadings. Alternate pleading means if one pleading cannot be sustained then the petitioner may be permitted to rely on the alternate pleading ... treating the pleading sought to be incorporated through the supplementary affidavit as alternate pleading, but as the sole pleading on which he had based
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
filed the appeal before the SOC which was allowed after considering the pleadings and evidence in accordance with law recording a finding that the name ... petitioner and had submitted that the petitioner has taken inconsistent pleadings of title as well as adverse which are not permissible. For adverse possession
held that a party to a suit can plead inconsistent pleas in the alternative such as the right of ownership and a right of easement
plea. It is permitted to defendant/opposite party to take alternative inconsistent pleadings in the written statement. The assertion in the written statement ... others vs. Maya Bai and another decided on 5.11.2003 to assert that inconsistent plea taken in the written statement would not amount to admission
long possession, being adverse to the real owner and being inconsistent pleadings his claim could not be accepted and has referred paragraph
been accepted merely on the ground that it is inconsistent with the pleadings in the plaint, which according to the learned court below has been ... witnesses has been rejected on the ground of being materially inconsistent with the pleadings in the plaint on the point of commencement of tenancy, which
court below and has tried to rise a bogey of inconsistent pleading so to take advantage of his unauthorized possession of the suit property.
After
would not be tenable.
He further argues that there are inconsistent pleadings in the writ petition as at some places, the petitioners have stated that ... payment of salary without any orders and contrary to law.
Inconsistent pleadings referred to by learned Additional Advocate General are also as a result
been done on behalf of the revisionist, therefore, the inconsistency in the medical report could not be proved and there is every possibility that ... revisionist under Section 311 Cr.P.C. that he has pleaded inconsistencies in the medical report, therefore, cross-examination of P.W.-5 is essential
