himself makes.
43. The view that a plaintiff is entitled to plead even inconsistent pleas while seeking
alternative reliefs was reiterated by this Court ... plaintiff therein
was seeking alternative reliefs, he is entitled to plead even inconsistent pleas and that
the amendment of the plaint would neither change
plaintiff No.1
having filed an earlier suit on inconsistent and irreconcilable
pleadings), and that the suit is bad for want of adequate Court fees ... abuse of process
of Court, including on the ground that the pleadings are
inconsistent with prior pleadings of the plaintiffs.
e. Court fees deposited
Saket Grover vs Hemant Grover & Anr. on 6 October, 2023
Author: Chandra Dhari Singh
this decision this
Court also appreciated that inconsistent pleas can be
made in the pleadings but the effect of substitution ... paragraphs 25 and 26 in that decision was not
making inconsistent and alternative pleadings but it
was seeking to displace the plaintiff completely from
Hussain Khan as Muthavalli of Hazharath Hussain
Mastan Dargah.wakf. The inconsistent pleading of Tamilnadu Wakf Board
in O.P.No. 6 of 2000 makes
Hussain Khan as Muthavalli of Hazharath Hussain
Mastan Dargah.wakf. The inconsistent pleading of Tamilnadu Wakf Board
in O.P.No. 6 of 2000 makes
nature of the suit or
the relief prayed for, neither can inconsistent pleadings be
raised by way of an application under Order 6 Rule ... nature of
the suit or the relief prayed for, neither can inconsistent pleadings be raised
by way of an application under the said provision
argued that the defendant no. 1 has taken inconsistent stand in
his pleadings in suit no. 437/2012 and the Ld. Trial Court judge
defendant in his
written statement. Any subsequent pleading inconsistent
with the original pleading shall be refused to be taken on
record and if taken ... joinder of issue. (8) Subsequent
pleadings are not substitute for amendment in original
pleadings. (9) A plea inconsistent with the pleas taken in
original pleadings
Page 31/36
56. Moreover, the plaintiff has put forth an inconsistent
pleading in his plaint in paragraph no. 24 wherein it is stated that ... attempt to cure the said defect or to explain such discrepancy
and inconsistency. In the absence of any cogent explanation, the
confusing stance
