have the same declared null and void. Hence, the
interim directions are inconsistent with the final reliefs sought.
Reliance is placed on Cotton Corporation ... order
dated 08.04.2021 that the interim reliefs sought were inconsistent
with their pleadings, the learned Arbitrator erroneously declined
to recall the earlier order dated
well as the
registered lease deed, there was no need to plead about violation ... herein.
The plaint could not be rejected on the ground of inconsistent pleadings or
that one of the relief was barred by law, because
permitted to be amended by way of addition and substitution of
pleadings, as under:
UNAMENDED PLEA :
"5. .................. as the Award was received ... petitioner by raising a totally new plea, case and claims
inconsistent with the previous pleadings.
CRP(CRP Art. 227 ) No. 36 of 2024 Contd
However, though a party
is permitted to take inconsistent pleas, yet, when the inconsistency in
the pleadings is such that one set of assertions works ... make inconsistent
assertions. If the degree of inconsistency is such that one works out the
retribution of another, the inconsistencies in pleadings dent the veracity
However, though a party
is permitted to take inconsistent pleas, yet, when the inconsistency in
the pleadings is such that one set of assertions works ... make inconsistent
assertions. If the degree of inconsistency is such that one works out the
retribution of another, the inconsistencies in pleadings dent the veracity
easement. As already
stated, a party to a suit can plead
inconsistent pleas in the alternative
such as the right of ownership and
a right
view that a plaintiff is entitled to plead even
inconsistent pleas while seeking alternative reliefs was
reiterated by this Court in G.
Nagamma v. Siromanamma ... plaintiff therein was seeking alternative
reliefs, he is entitled to plead even inconsistent pleas and
that the amendment of the plaint would neither change
mentioned reasons the petitioners failed to
prove their possession and their pleadings are inconsistent
with the documents filed by them, thereby I feel that ... petitioners were
never put in possession of the property. Furthermore, their pleadings
are inconsistent with the documentary evidence presented, leading to
the conclusion that
card, postal tracking record or any cogent
proof of delivery. The inconsistent pleadings of the respondents wherein one
hand they asserted the petitioner was directed ... appear within 30 days
from the date of receipt of notice. Such inconsistency coupled with absence
of documentary proof of service vitiated the alleged compliance
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 ... held
that:
"In a civil proceeding a defendant can take even inconsistent and
contradictory plea in the same proceeding in support of his
evidence
