...State of Rajasthan and continued to be such throughout and retained his lien on that Government service. In para 27, an alternative pleading was also put forward on his behalf that, if it be held..., because some of the other respondents promoted were junior to him, and, in the alternative, that, in any case, he was entitled to be considered for promotion. This request made by him to the Board as...

.... 3 for rendition of accounts without an alternative pleading and prayer by the plaintiff in that regard. On appeal by defendant No. 3 the lower appellate Court has reversed the judgment and decree...any alternative pleading, issue therefor and opportunity of adduction of evidence and addressing of arguments.4. In view of what is stated supra, I set aside the judgment and decree...parties are expected to adduce evidence and address arguments on the pleadings and triable issues. Pleadings must necessarily be of the plaintiff and the pleading of defendant No. 2 against defendant No...

...not be construed too strictly. There was no alternative pleading by the plaintiff. The present stand is new.(Para 25...

...the amendment proposed is allowed whereas second portion is disallowed on untenable grounds. He submits that alternative pleading / prayer is WP.2735/2014 2 not barred and therefore, application could...commencement of trial. Proposed para 10A of amendment application is partly allowed by the court below. It is a comprehensive paragraph containing alternative plea of the petitioner. One portion of...when partial portion of very same application has been allowed by the impugned order. So far question of inconsistency in pleading is concerned, this is not unknown to law that parties may take...

...the issues are already settled, permitting the amendment to be allowed only by way of an alternative pleading, the impugned order to that limited extent is quashed and set aside. 7. The.... 4A, by way of alternate pleading, in case the Court comes to a conclusion that the signature of the plaintiff no. 1 on the disputed document is assumed to be of the plaintiff no. 1, then, what is...4A, which, in any case, are in the alternative. 6. In the wake of the above, without permitting the relief as sought by the proposed amendment in form of prayer clause ‘aa’, and since...

...and in the alternative it is pleaded that the deceased was guilty of contributory negligence. There is no admission about the factum of the accident, as an alternative pleading contributory negligence...

...far as claim of deduction under section 24(b) is concerned, the same is admitted to be inadmissible. Alternative pleading of the assessee before us is that, at the most.... 5. Before us, the assessee filed written submissions pleading interalia that the assessee is showing rental income and income from other source. She has earned interest income of Rs.1,95,722...

...of Civil Procedure, 1908, to permit him to add Para 8-A in the written statement to incorporate alternative pleading to the effect that the plaint schedule property was devolved on him by virtue of a...

...its alternative pleading that such amounts which are reduced from export turnover should also be reduced from total turnover, we are inclined to agree, in view of judgment of Hon'ble jurisdictional...

...their rent had actually been settled under S. 90, that they omitted to take the alternative pleading which might have been treated as in some way an admission that they were bound to pay the existing...

...on the property and consequently he could not have been in possession of the same as such. It is rightly pointed out that the respondent had no alternative pleading that if his case of tenancy under...alternative plea could not have been raised by the respondent and as a matter of fact it was not raised.(ii) The second contention is that the dispossession of the respondent was...

...inconsistent with the pleading or at the most even the amendment is allowed it will amount to alternative plea.3. The facts of the case, as stated in the order, are that the suit was filed by...Modi Spinning & Weaving Mills Co. Ltd. v. Ladha Ram & Co. (3), wherein it was held that inconsistent and alternative pleading can be made in pleadings but...

...alternative pleading or whether it is not. But to go the length of saying that no inconsistent pleading can be pleaded, which is the view taken by the learned Judge in the Court below, appears to be...should be adopted by Courts in such cases. Before the Judicature Acts, the rule of pleading in England would seem to be that a plaintiff could not (without leave of Court) plead inconsistent facts...alternative. It is said that since the Judicature Acts, inconsistent defences,—such as (a) never indebted and (b) payment,—are daily pleaded. In Berdan v. Greenwood (1), Thesiger, L.J, observed as...

...fief in his fiefdom. Therefore, it may be necessary to lift the corporate veil. Alternative pleading is permissible as held in 35 Chancery Division 492 and AIR 1951 SC...undertaking of a company. For the said proposition reliance has placed on (1977) 2 SCC 424.There is no pleading...

...of defendants. Barring the parties to take alternative pleading would promote multiplicity of the proceedings and allowing the parties to take alternative pleading would avoid the multiplicity of the...proceedings, therefore, the adverse inference drawn by the first appellate Court on account of alternative pleading taken by the plaintiff is also clearly impermissible and unsustainable as well...plaintiff from the fact that the plaintiff has made alternative prayer in paragraph 19(1) of the plaint claiming that in case the plaintiff is not found full owner of the suit property, he should be...

...considered as temporary erections. According to the assessee, no capital asset was being brought into existence by such erections. An alternative pleading ITA NO. 1139-40/Mds /10 3 was also made that the...

...considered as temporary erections. According to the assessee, no capital asset was being brought into existence by such erections. An alternative pleading ITA NO. 1139-40/Mds /10 3 was also made that the...

...considered as temporary erections. According to the assessee, no capital asset was being brought into existence by such erections. An alternative pleading ITA NO. 1139-40/Mds /10 3 was also made that the...

...Pramod Kumar, Golghar, Gorakhpur, (defendant 3) Kamal Regni (Sharma) (defendant 4), Shyam Kumar alias Mohan Kumar (defendant 5) and Gopal Bahadur K.C (defendant 6). In the alternative a decree of a...or may even set up an alternative defence. In the present case the defendants are not seeking to displace the plaintiff completely from the admission made by them in the written statement. In the case...320 : AIR 1977 SC 680, it has been held that inconsistent pleas can be made in pleadings as well as a party can set an alternative...

...alternative pleading under Section 21(1)(a) and 21(1)(b) is maintainable.6. Now coming to the merit of the case, it has been argued by the learned counsel for...further mentioned that the respondent No. 2 started constructing two shops in the gher of which the construction was stopped by the respondent No. 2 when the plea regarding alternative place was raised...record carefully I am of the view that no doubt the allegations of the respondent No. 2, that he want to start a business of agriculture implements is correct, but he has number of alternative...