give strength to his
argument that the respondents cannot take inconsistent pleadings
in different writ petitions. He submitted that in earlier two writ
petitions filed
trial court assessing the pleading, evidence and also
inconsistencies pleaded by the plaintiff, rightly dismissed the
suit. First Appellate Court without any materials on record
same will not only result in allowing
inconsistent and alternative pleadings but it shall also amount to displace
Signature Not Verified
Digitally Signed By:ASHEESH ... amendments sought for, shall not only result
in allowing inconsistent and alternative pleadings but it will also displace
the plaintiff completely from the admissions made
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
smaller
relief would be permissible provided that same is not
inconsistent with pleadings of parties.
21
33. The High Court of Patna in the case ... order to the declaration sought for
cannot be said to be inconsistent with pleadings or
larger than the relief sought. Therefore even said
contention does
tenant relationship
between the parties.
29. However, pertinently, the respondents have
inconsistently pleaded in their written statement that they had paid
pagri to the landlord ... harmony with the earlier pleading of the respondents. Such
mutually inconsistent pleas cannot be accepted.
30. Further, the onus to prove a fact rests
once his presence is proved at the spot. The rule of
inconsistent pleadings is alien to criminal law and the inconsistency
cannot be taken into
tenant relationship
between the parties.
29. However, pertinently, the respondent has inconsistently
pleaded in his written statement that he had paid pagri to the landlord ... versus Rajiv Jain Page No. 16/35
earlier pleading of the respondent. Such mutually inconsistent pleas
cannot be accepted.
30. Further, the onus to prove
complainant. The complainant thus argued that
the accused has firstly been pleading inconsistent stands and in any case has not
put any probable defence
complainant thus argued that the
accused has firstly been pleading inconsistent stands and in any case has not put
any probable defence. The complainant further ... amount from the complainant. The accused has been
inconsistent in his defence. Firstly, the accused pleaded that the cheques were
C.C No. 3025/2017