Plaintiff had pleaded an inconsistent case, and (C) the Plaintiff had suppressed
material documents.
A. This Court does not have jurisdiction :
27. Mr. Tulzapurkar submitted ... submitted that the Plaintiff's contention
that the plea of inconsistent pleadings had been satisfactorily answered in rejoinder
was wholly unsustainable and deserves
failure to approach the Court with clean hands, characterized by inconsistent
pleadings and the suppression of facts. The instant petition stands on a
fundamentally different
failure to approach the Court with clean hands, characterized by inconsistent
pleadings and the suppression of facts. The instant petition stands on a
fundamentally different
that the amendments were not inconsistent with the plaint
case. No new cause of action was introduced. No inconsistent pleadings
were being introduced ... which it can be
said that the same is so inconsistent with pleadings of the plaintiff
that it is entirely changing the nature and character
failure to approach the Court with clean hands, characterized by inconsistent
pleadings and the suppression of facts. The instant petition stands on a
fundamentally different
compensated by
costs;
(e) Even where the proposed amendment introduces
inconsistency in pleadings, if by the proposed amendment, the
party does not seek to resile ... alter the nature, character and constitution of the suit (mere
inconsistent pleadings may not, in all cases, change the nature
14
VS,J
crps
compensated by
costs;
(e) Even where the proposed amendment introduces
inconsistency in pleadings, if by the proposed amendment, the
party does not seek to resile ... alter the nature, character and constitution of the suit (mere
inconsistent pleadings may not, in all cases, change the nature
14
VS,J
crps
compensated by
costs;
(e) Even where the proposed amendment introduces
inconsistency in pleadings, if by the proposed amendment, the
party does not seek to resile ... alter the nature, character and constitution of the suit (mere
inconsistent pleadings may not, in all cases, change the nature
14
VS,J
crps
vacant is now admitted to be incorrect and such
inconsistent pleading disentitles the petitioner to equitable
relief under Article 226 of the Constitution of India
suit
for incorporating time barred relief. He further submits that inconsistent pleadings
cannot be allowed. Pleadings with regard to nature of disputed property as
ancestral