Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant can take inconsistent pleas in written statement although same may not be permitted in case of plaint...........
Specific Relief Act, 1963, Section 34, Easement Act, 1882, Section 60(b) -- Suit for declaration of title and possession - Inconsistent pleas of ownership and easement in alternative taken by defendant - Plaintiff proved that he is owner of property - Defendant having failed to prove his ownership, cannot now be permitted to turn around and claim that by virtue of..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off preliminary submissions in the replication - Replication contains averments and evidence in support of original cause of action as mentioned in the plaint and it is answer to the defendant's plea in the written statement - Plaintiff in its replication has neither made out a new case nor a fresh cause of action or..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Statutory presumption in favour of complainant stands rebutted because of inconsistent pleas of complainant...........
Adverse possession -- Plea of title under oral partition and adverse possession - Not permissible as both the pleas are inconsistent and contrary...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication/subsequent pleadings - A new case cannot be permitted to be introduced by plaintiff but he can be permitted to explain additional facts that have been pleaded in the written statement - Plaintiff cannot be permitted to raise any inconsistent pleas so as to alter his original cause of action - It enables plaintiff..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to make inconsistent pleas already taken in joint written statement by adding some paras to original written statement and by withdrawing admissions already made - As far as admissions already made in original written statement, same cannot be allowed to be..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a third party - Suit for declaration - Petitioners seeking impleadment on the basis of agreement of sale - Cause of action of petitioners falls outside the scope of suit as nature of suit will change if they are permitted to be impleaded in the suit - Petitioners are not at all necessary or proper parties to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Proposed amendment will completely contradict plea of plaintiff that he has been in continuous possession and enjoyment of suit property since 1976 - Amendment would change the nature..........
Hindu Marriage Act, 1955, Section 11 -- Void marriage - Husband raised inconsistent pleas as on the one hand he alleges that marriage with respondent wife was a nullity and on the other hand that she treated him with cruelty and was suffering from mental disorder - No evidence led by husband that wife was suffering from mental disorder - Wife was suffering from..........
