previous pleadings may be pleaded in such additional written statement and if pleaded the court may exercise its jurisdiction to strike off such pleadings ... pleading cannot be at variance or inconsistent with the original pleading;
(iii) A pleading inconsistent with or in departure from an original pleading
defendant in his written statement. Any subsequent pleading inconsistent with the original pleading shall be refused to be taken on record and if taken ... joinder of issue. (8) Subsequent pleadings are not substitute for amendment in original pleadings. (9) A plea inconsistent with the pleas taken in original pleadings
inter alia, held:
" .... .... (8) Subsequent pleadings are not substitute for
amendment in original pleadings. (9) A plea inconsistent with
the pleas taken in original ... Bench, inter alia, observed that while amending
pleadings, there cannot be additional pleadings at variance or inconsistent
with the original pleadings. Learned counsel
document now sought to be filed and are also
inconsistent with pleadings of the plaintiff.
17. It is the case of the plaintiff ... that the document now sought to be filed is also inconsistent
with the pleadings and on the basis whereof issues have already been framed
ruse and has to be
ignored evidenced by the fact that the pleadings of Ms.Anant Verinder
Singh in IA No.4004/2004 would evidence ... only
thereafter that Ms.Anant Verinder Singh changed her stand.
26. Inconsistent pleadings of parties can be given consistency by a Court
with reference
passed under order 12
rule 6 CPC on the basis of inconsistent pleadings with
regard to who is the licensee of the actual premises,
which
defendant is entitled
to take new defence and also to plead inconsistent stand and
in view of our discussions made herein above that by making ... paragraphs 25 and 26 in that decision was not making
inconsistent and alternative pleadings but it was seeking to
displace the plaintiff completely from
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.
45. In view of the aforesaid discussion
including defendants, may take inconsistent or alternative pleas in their pleadings. If such inconsistent pleas are taken in the pleadings, it may be, they need ... struck off. But taking inconsistent pleas in the original pleadings is one thing and seeking leave to raise inconsistent pleas at a later stage
Jagmohan Lal And Ors. vs Harkishan Lal on 9 March, 1994
Equivalent citations: 1994IAD(DELHI
