plaint
about ownership of the property and, therefore, such a inconsistent
pleading cannot form part of subsequent pleadings. In support of his
contentions, learned counsel ... allowed to set
up a new case or incorporate certain inconsistent pleadings but
then, plaintiff's right to file replication to meet with some
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
this Act shall cease to
apply to Hindus insofar as it is inconsistent
with any of the provisions contained in this ... number of inconsistent pleas but
while leading evidence, defendants must confine to one
of the alternative or inconsistent pleadings and cannot
be allowed to blow
making the pleadings
as quoted above. Since there was some inconsistent pleading the
amendment application was filed for the purpose of clarification and
explaining ... subsequent statements
regarding contribution or tenants in common are only inconsistency
legally. Therefore, this inconsistency was sought to be explained.
Therefore, it is wrong
also contested on the ground that by
permitting the amendment inconsistent pleadings should not be
permitted to be taken on record and that the defence ... support of his contention that the amendment
of pleadings could be introduced to rectify the pleadings to bring forth
the actual position of facts
proceedings.
He has also opposed aforesaid prayer on account of
inconsistent pleadings of the appellant-department, according to
which, at one side the State authority
framed an additional issue no.4 on the
basis of the above pleading. In arriving at a finding that the
9
defendant had failed ... adverse possession. The
trial court has not however, found the inconsistent pleading to be
amiss. This court on the other hand finds that this stance
separate suit.
23. The view that a plaintiff is entitled to plead even inconsistent
pleas while seeking alternative reliefs was reiterated by a two Judge ... since the plaintiff was
seeking alternative reliefs he is entitled to plead even inconsistent
pleas and that the amendment of the plaint would neither change
plaintiff
in Modi Spinning (supra) clearly recognises that inconsistent
pleas can be taken in the pleadings. In this context, we may
also refer ... paragraphs 25 and 26
in that decision was not making inconsistent and alternative
pleadings but it was seeking to displace the plaintiff completely
from
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
