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Showing posts with label alternative pleas. Show all posts
Showing posts with label alternative pleas. Show all posts
Wednesday, 2 August 2023

Whether the plaintiff can make two or more inconsistent sets of allegations and claim relief thereunder in the alternative?

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  A plaintiff may rely upon different rights alternatively and there is nothing in the Civil Procedure Code to prevent a party from making t...
Saturday, 4 April 2020

Whether a person can take an alternative plea of adverse possession and tenancy?

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Once a person takes the stand that he/she has become the owner of a property on the ground of adverse possession, then he/she could not su...
Sunday, 17 November 2019

Whether tenant can take alternative plea that additions and alteration are not of permanent nature and if it is so,it is for beneficial use?

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 It was next urged by Shri Vashi that after the issue was remitted back to the Appellate Court by this Court by its judgment dated 28.9.199...
Saturday, 17 August 2019

Tests laid down by Supreme Court for determining whether alternative plea raised by plaintiff was permissible

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 Reference may also be made to the decision of this Court in J.J. Lal Pvt. Ltd. and Ors. v. M.R. Murali and Anr. (2002) 3 SCC 98 where th...
Saturday, 10 March 2018

Whether plaintiff can raise alternate pleas in eviction suit?

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To my mind, the plea raised by the defendant is a meaningless plea for more than one reasons.  Firstly, it is futile contention now to con...
Sunday, 24 September 2017

What is distinction between contradictory pleas and alternative pleas?

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Significantly, the decision rendered by the High Court rests entirely on the fourth question extracted above. The High Court has taken th...