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
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
Smt Uma Sharma vs Ram Pratap Sharma on 25 October, 2013
Author: Alok Sharma
Bench
upon by the learned counsel
- 24 -
for the appellant. Insofar as the pleadings are concerned, the
same are found wanting insofar as the defendants ... again not
tenable. Though the defendants are entitled to take inconsistent
pleadings, the same should not cancel out each other. The
inconsistent pleadings should
reported in
93 CWN 631 and thus, he has submitted that
inconsistent pleading is permissible and when
the amendment is necessary for determining the
real
introduction of a new ground or substitution or
alteration or taking inconsistent pleadings. What is sought
for is the withdrawal of an admission made ... issue the Hon'ble Supreme Court held that even though
inconsistent pleadings could be taken by the defendants
based on the Judgment
learned
counsel appearing for the respondents contended with reference
to the inconsistent pleadings put forward by the judgment debtors
in the affidavit filed in support
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
ground of claim or (b) contain any allegation of fact inconsistent
with the previous pleadings of the defendants, whether it should be done ... ground of claim or contain any allegation of fact
inconsistent with the previous pleadings of the party pleading the same."
16. Reverting
Gift Deed not being
registered. More over, the plaintiff has pleaded inconsistent
pleas. In one breath she says that she is in possession
