India and others , (2006) 12 SCC
233 ) held that a mutually destructive plea is impermissible
in law. At para 28, it has enunciated thus ... also the workmen of the principal
employer. To raise such a mutually destructive plea is
impermissible in law. Such mutually destructive plea,
in our opinion
raise the plea of adverse possession as it was a mutually destructive plea. The plaintiffs had pleaded ownership on the basis of inheritence and thereafter ... plaintiff along with his claim as the reversioner heir is a mutually destructive plea.
It has now been well settled that where a party pleads
therefore, he was terminated. These two stands are
mutually destructive as the company submitted that the plea of
termination for unauthorized absence was the misconduct ... respondent employee alleges that the company has
taken contradictory and mutually destructive pleas in shifting its
position. The Supreme Court in the case of Steel
considered by lower Appellate Court but without looking into self contradictory, mutually destructive and inconsistent statements of plaintiff.
17. Further in the plaint, in para ... cannot put on his signature, can not be permitted. It is mutually destructive and inconsistent plea, impermissible to be raised by the plaintiff. In rural
Code as those two Sections are
not mutually destructive. This Court is not unmindful of the
fact that before the Trial Court some decisions were ... Sections 337 and 338 of the Code are
not mutually destructive to Section 304 (Part-II) of the Code,
then Section 279 of the Code
blatant
denial. Pleadings in the written statement and proposed amendments are
mutually destructive and inconsistent. None of the decisions relied upon
by the learned counsel ... this
case the plea in the written statement is mutually
destructive. In the first written statement, they have
denied the title of himself. Therefore, they
petitioner/defendant raises claims and pleadings which are not only
mutually destructive and conflicting but necessary antithetical to the settled
proposition of law . In this ... Narayan Sawale (D) through LRs v Tejrao
Bajirao Mhaske (supra) that mutually destructive pleadings are
impermissible also cannot be relevant in the instant case since
taken up a contention that these
two versions of defences are mutually destructive. It is important
to note that possession of the defendant ... adverse possession. Plea of title and adverse
possession, both, are mutually destructive plea
and inconsistent as well. Therefore, the
30 O.S.No.5226/2011
Bhattathirippad Vs. Trav. Go. Govt. Para No. 50-59
2. Proposition :- Mutually destructive pleas are not maintainable and the Complaint is therefore an abuse ... deficiency' under Consumer Protection Act 1986. Such pleas are mutually destructive
2006 12 SCC ( Steel Authority of India Ltd. Vs. Union of India
State By Pulakeshinagara vs Khan Sadab @ Sadab Khan on 23 April, 2016
IN THE COURT
