Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Inconsistent pleas can be taken in pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the stage of consideration of application for amendment in pleading, merits of proposed amendment are not required to be delved into - More liberal approach is warranted where defendant seeks amendment in written statement as potentiality of prejudice to plaintiff is relatively less - Defendant is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Prayer for amendment of plaint and prayer for amendment of written statement stand on different footings - Addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in written statement would not be objectionable - Whereas adding, altering or substituting a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendments to written statement are to be more liberally granted as compared to amendments to plaint, even one explaining an admission or taking inconsistent pleas...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - To be liberally construed and has to be treated on different pedestal than that of amendment of plaint - In case of amendment of written statement, defendant is entitled to take inconsistent pleas and in appropriate cases, even admission made on earlier occasion, can be allowed to be withdrawn..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contention that adverse possession cannot be claimed on the basis of an agreement of sale, since they are inconsistent or mutually destructive pleas, cannot be ground to reject plaint U.O.7.R.11 CPC - Merits of such pleas are to be adjudicated by trial Court after conducting a trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If the pleas sought to be introduced by plaintiff by way of an amendment is also the plea which defendant has set up in written statement and such a plea of plaintiff is an alternative plea, even though it is inconsistent with original plea, since there is no prejudice caused to defendant, Court is not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Inconsistent pleas can be taken and even subsequent events can be allowed to be incorporated by way of amendment but not when total cause of action is going to be changed...........
Adverse possession -- Pleas of title and adverse possession are mutually inconsistent and latter does not begin to operate until former is renounced...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant can take inconsistent and alternative pleas in the written statement...........
