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
cancelled but of this there is no proof. Thus from the pleadings as well as from the issues as also from the statement ... case of merely inconsistent pleadings but it seems to be a case of contradictory pleadings which may be termed both inconsistent and embarrassing defences which
conceded that the Code of Civil Procedure does not prohibit inconsistent pleadings, and that there is nothing to prevent either party from setting
claimed adverse possession against the defendants. The plaintiffs cannot plead in plaint directly inconsistent, opposite and irreconcilable claims, and having lost the suit ... incorrect.
21. Learned counsel for the appellants, thinking that there is inconsistancy in pleadings and evidence of the plaintiffs, placed reliance on a case reported
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
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
Jagmohan Lal And Ors. vs Harkishan Lal on 9 March, 1994
Equivalent citations: 1994IAD(DELHI
filed the appeal before the SOC which was allowed after considering the pleadings and evidence in accordance with law recording a finding that the name ... petitioner and had submitted that the petitioner has taken inconsistent pleadings of title as well as adverse which are not permissible. For adverse possession
further argued that the pleadings as they stand are inconsistent and consequently the amendment is without any bona fides. It is also contended that ... pleadings in that way. But it is well-settled that inconsistent pleadings can also be put forward. But the plaintiff will have to choose
iiacciitsisli-2:.*.1.t_:'*~eiaii.ii1s_ are i
mzlintztinable.
Inconsistent pleadings ai"e7no.t_ proh-ibiteti i..the_VViitii§gaht
