Plaintiff had pleaded an inconsistent case, and (C) the Plaintiff had suppressed
material documents.
A. This Court does not have jurisdiction :
27. Mr. Tulzapurkar submitted ... submitted that the Plaintiff's contention
that the plea of inconsistent pleadings had been satisfactorily answered in rejoinder
was wholly unsustainable and deserves
rule of proof. That inconsistent pleadings can be pleaded in the alternative is a well established rule of pleading, but the proof of a plea ... provisions of substantive law. Therefore, although it is permissible to plead inconsistent defences in the alternative, such as right of ownership and right of easement
open to a plaintiff to make an alternative claim even on inconsistent pleadings. But the Judge says "in the present case, however, the plaintiff
could be treated as date of knowledge. If
these contradictory and inconsistent pleadings are seen, it is still
more difficult. But then we will have ... three consequences of this statement. The first is; there are
inconsistent pleadings as regards the date of knowledge, second;
the evidence is not in accordance
this
Court held that the plaintiff was entitled to plead even
inconsistent pleas especially when, they are seeking alternative
reliefs.
22. To the same effect ... plain-
tiff therein was seeking alternative reliefs, he is entitled to
plead even inconsistent pleas and that the amendment of the
plaint would neither change
However, though a party
is permitted to take inconsistent pleas, yet, when the inconsistency in
the pleadings is such that one set of assertions works ... make inconsistent
assertions. If the degree of inconsistency is such that one works out the
retribution of another, the inconsistencies in pleadings dent the veracity
However, though a party
is permitted to take inconsistent pleas, yet, when the inconsistency in
the pleadings is such that one set of assertions works ... make inconsistent
assertions. If the degree of inconsistency is such that one works out the
retribution of another, the inconsistencies in pleadings dent the veracity
finally.
9. It is trite that there could be incompatible and inconsistent
pleadings. However, when it comes to soliciting and granting a relief, a
person
finally.
9. It is trite that there could be incompatible and inconsistent
pleadings. However, when it comes to soliciting and granting a relief, a
person
that inconsistent pleas can be allowed to be taken in defence. In his submission, even by way of amendment, such contradictory and inconsistent pleadings cannot ... Order 6, Rule 2 and Order 7, Rule 7 -- PLEADINGS -- Alternate and inconsistent allegations --Right to plead -- Variance between pleading and proof.
A plaintiff
