genera principle that the defendant is at liberty to put-forth inconsistent pleadings will not come to the rescue of inconsistent pleadings which are totally ... plaint as well as the contradictory pleadings regarding payment of money paid to the 1st defendant by the plaintiff would show that the plaintiff
combination plea of irreconcilables, which law understands as
inconsistent pleadings. Both pleas of family arrangement and ouster pre-
supposes that the heirs of Nachammal ... does not prohibit inconsistent pleadings, still
during trial, the party pleading them ought to elect one among the various
inconsistent pleadings. This was not done
combination plea of irreconcilables, which law understands as
inconsistent pleadings. Both pleas of family arrangement and ouster pre-
supposes that the heirs of Nachammal ... does not prohibit inconsistent pleadings,
still during trial, the party pleading them ought to elect one among the
various inconsistent pleadings. This was not done
combination plea of irreconcilables, which law understands as
inconsistent pleadings. Both pleas of family arrangement and ouster pre-
supposes that the heirs of Nachammal ... does not prohibit inconsistent pleadings, still
during trial, the party pleading them ought to elect one among the various
inconsistent pleadings. This was not done
whether it was permissible to allow the parties to plead inconsistent pleas. In the said judgment a reference was made to an earlier decision ... that even the admission made in the original pleadings can be explained and even inconsistent pleas can be taken in the pleadings. The Supreme Court
effect that the purchaser would in any manner be disentitled to plead and prove that notwithstanding the stipulation of time limit, the intention ... genera principle that the defendant is at liberty to putforth inconsistent pleadings will not come to the rescue of inconsistent pleadings which are totally contrary
owner of the suit pathway and inconsistently pleaded that he has no easement any right over the same. There being such inconsistency in pleadings ... relief so granted is not inconsistent with that specifically claimed and with the case raised by the pleadings. A right of ownership and a right
Bombay High Court in the aforesaid Full Bench decision, inconsistent pleadings can be taken. Our learned Brother A.D. Desai, J., has held that ... behalf. We, therefore, assume that such a right has been pleaded. Such alternative inconsistent pleas can be taken. But the question is, whether such
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 ... observed that though the defendant is entitled to raise inconsistent pleadings in a suit, he is legally precluded from taking any plea, which is destructive
permitted to take up a case, which is
wholly inconsistent with what he pleaded. The learned counsel pointed out that
the new plea, which ... ground or claim or contain any allegation of fact inconsistent with the
previous pleadings of the party pleading the same. So, as per Order
