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
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 ... that admission made in the pleading can also be explained by amending the pleading or even by taking inconsistent pleas. The observations made
prayed in the plaint the plaintiff wants to plead an inconsistent pleadings in the case. Earlier it was a case of claiming relief ... Apex Court has held that the plaintiff is entitled to plead even inconsistent pleas. It is permissible to the plaintiff to seek alternative reliefs
this decision this
Court also appreciated that inconsistent pleas can be
made in the pleadings but the effect of substitution ... paragraphs 25 and 26 in that decision was not
making inconsistent and alternative pleadings but it
was seeking to displace the plaintiff completely from
disputed land with
Jamnagar Municipal Corporation. The plaintiff has also pleaded
inconsistent case that in Samvat 2004, the disputed land was
given by the Samaharta ... Learned Trial Court framed issues at Exhibit-37 from the
rival pleadings as under :
"1. Whether the plaintiff proves that he is the owner
Badrunnisha Mohmed Sikandar vs Keshilben Jethabhai Parmar (Deleted As ... on 7 November, 2025
NEUTRAL CITATION
Bombay High Court in the aforesaid Full
Bench decision, inconsistent pleadings can be taken. Our learned
Brother A. D. Desai, J., has held that plaint ... behalf. We, therefore, assume that such a right has been pleaded.
Such alternative inconsistent pleas can be taken. But the question is,
whether such
permission on the ground that such permission would
permit him to plead inconsistent pleas before the Court. At the
same time, it would be premature ... defendant can
raise inconsistent pleas and inconsistent defense in the written
statement, whereas it is not permissible to raise any inconsistent
pleas in the plaint
taken a view 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 and therefore, it is
permissible to plead inconsistent, such as right of ownership
based on Panchkarar on one hand and right
observed in paragraph 19 that a
party to a suit can plead inconsistent pleas in the alternative such
as right of ownership and a right
