Evidence Act, 1872, Section 115 -- Approbate and reprobate - The doctrine of election is based on the rule of estoppel- the principle that one cannot approbate and reprobate inheres in it - The doctrine of estoppel by election is one of the species of estoppels in pais (or equitable estoppel), which is a rule in equity - By that law, a person may be precluded by his..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 6, Rule 7, Civil Procedure Code, 1908, Order 8, Rule 9 -- Written statement to the amended plaint - Defendant is entitled to take even those legal pleas which were not earlier taken but such pleas should not be inconsistent to the pleas which were already taken...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment of plaint and amendment of written statement stand on different footings - Amendment of plaint cannot be allowed to alter materially or substitute the cause of action or the nature of claim - However amendment of written statement can be allowed to add a new ground of defence or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Contradictory plea - Defendant can raise inconsistent pleas to defeat the rights of the plaintiff - Amendment cannot be rejected merely on the ground that the plea raised in the counter claim is contradictory to the plea raised in the written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Can be explained by amendment even by taking inconsistent pleas or substituting or altering defence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Courts are more liberal in allowing an amendment of a written statement than that of a plaint - Addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in the written statement can also be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Defendant can raise alternative and inconsistent plea but is not permitted to raise pleas which are mutually destructive of each other...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Even inconsistent pleas can be taken in a written statement and a party can even be permitted to wriggle out from admission by explaining the admission...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plea in one paragraph inconsistent of pleas taken in rest of the written statement - There is every likelihood of an inadvertent and/or bonafide mistake - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Inconsistent pleas - Can be raised by defendant in written statement although the same may not be permissible in the case of plaint...........
