conceded that the Code of Civil Procedure does not prohibit inconsistent pleadings, and that there is nothing to prevent either party from setting
conceded that the Code of Civil Procedure does not prohibit inconsistent pleadings, and that there is nothing to prevent either party from setting
either party may, in a proper case, include in his pleading two or more inconsistent sets of material facts, and claim relief thereunder ... inconsistent defences may be struck out as embarrassing or oppressive to the other side, though the statement that no inconsistent pleading can be pleaded
case at all. This may in part be due to the inconsistent pleading of the petitioner. At the trial the petitioner put forward a story
substitution of paragraphs 25 and 26 is not
making inconsistent and alternative pleadings but it is seeking
to displace the plaintiff completely from the admissions ... 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
learned trial Judge was of the view that this defence was inconsistent with the defence already taken by the defendant No. 3. It further appears ... namely, that the ground was without merit and secondly this was inconsistent pleading. An inconsistent claim can be made in the written statement by amendment
producer of the film. It is submitted that the amendment
of pleadings being procedural in nature, the same should be liberally
granted and the said ... application for amendment and addition of party there
are inconsistent pleadings.
(iii) Mortgage of movables are not permissible in law.
It is submitted on behalf
learned Counsel for the petitioner submitted that even inconsistent pleadings can be introduced by way of amendment, if it is found to be necessary
affidavit used in the present application the
defendant has taken inconsistent plea and has wrongfully claimed that both the
stories of the said building were ... decision of this Court reported in 22 CLJ 254
that this inconsistent pleading should not be allowed to be taken in the present
petition
been paid for the present transaction covering five bills. There are inconsistent
pleadings with regard to the payment of VAT in respect of the aforesaid