Adverse possession -- Mutually - inconsistent or mutually destructive pleas cannot be taken in plaint in the matter of plea of adverse possession...........
Adverse possession -- Plea of adverse possession and title are mutually inconsistent...........
Alternative and inconsistent plea -- Distinction - Alternate pleas are essentially different from inconsistent pleas - Inconsistent pleas do not go together - A plea of title and adverse possession would, in certain situations partake the character of alternate pleas, and in certain circumstances, of inconsistent pleas - When defendant claims a derivative title under the..........
Adverse possession and inheritance -- Adverse possession and inheritance - These are two inconsistent alternative pleas which are not permissible - A party is entitled to take an alternative plea but such alternative plea should not be mutually destructive of each other...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Amendment sought to seek a decree of declaration of ownership and possession over C schedule property - Though new plea is sought to be raised by plaintiff but it cannot be found that plea sought to be raised is totally inconsistent with plea..........
Criminal Procedure Code, 1973, Section 154, 162 -- FIR - Plea that FIR is not the first information - At 2.00 am. three persons came on motorcycle to police station and while staying on motor cycle informed police that some miscreants have opened fire in the village and went away to take care of the injured - Information recorded in Roznamcha - FIR lodged at 5.35 a.m. -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of adverse possession by way of amendment is not permissible, as it is mutually inconsistent with original plea of title set up by defendant in her written statement by way of purchase of suit property - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Party can take inconsistent plea in amendment of written statement - Even amendment of written statement can be allowed at a belated stage - Only requirement is that Court must be satisfied that proposed amendment is a bona fide amendment and would enable the Court in pronouncing judgment in..........
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..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim as to adverse possession - Rejection of - Partition suit - Defendant not preferred an appeal challenging rejection of his counter claim - Finding of Court as to counter claim thus, attained finality - Rejection of counter claim has least effect on specific defence taken by defendant as to allocation of suit in..........
