this
Court held that the plaintiff was entitled to plead even
inconsistent pleas especially when, they are seeking alternative
reliefs.
22. To the same effect ... plain-
tiff therein was seeking alternative reliefs, he is entitled to
plead even inconsistent pleas and that the amendment of the
plaint would neither change
considered for
inconsistent pleadings of the plaintiff. Ex.B12 dated 14.08.2002 would clinchingly
prove that the late author revoked the execution
applicable
to the amended pleadings.
72. The Scheme of Code of Civil Procedure , in regard to the amendments
of the pleadings, as encapsulated in Order ... pleading cannot be at variance or
inconsistent with the original pleading;
(iii) a pleading inconsistent with or in departure from
an original pleading
disputed land with
Jamnagar Municipal Corporation. The plaintiff has also pleaded
inconsistent case that in Samvat 2004, the disputed land was
given by the Samaharta ... Learned Trial Court framed issues at Exhibit-37 from the
rival pleadings as under :
"1. Whether the plaintiff proves that he is the owner
finally.
9. It is trite that there could be incompatible and inconsistent
pleadings. However, when it comes to soliciting and granting a relief, a
person
finally.
9. It is trite that there could be incompatible and inconsistent
pleadings. However, when it comes to soliciting and granting a relief, a
person
other hand they had inconsistently pleaded before this Court
that even in I.A. No.145 of 2021 when a 'copy
other hand they had inconsistently pleaded before this Court
that even in I.A. No.145 of 2021 when a 'copy
other hand they had inconsistently pleaded before this Court
that even in I.A. No.145 of 2021 when a 'copy
Defendant is entitled to take a new defence and to
plead inconsistent stands and even explain admission by amending the
Written Statement.
17. The Apex ... amendment to the Written Statement, as compared to
the Plaint, even pleading inconsistent and alternative pleas.
22. The plea raised by the learned Counsel
