Plaintiff is always barred from taking contradictory plea - However, defendant is entitled to take contradictory/alternative pleain his written statement.

Citation

AIROnline 2023 MAD 85

Madras High Court

(MADURAI BENCH)

R. VIJAYAKUMAR , J.

C.R.P.(MD) - 298 of 2022 D/- 3 - 3 - 2023

Karumani v. Periannan

(A)Civil P.C. (5 of 1908), O.6 R.1 - Pleadings - Contrary plea - Plaintiff is always barred from

taking contradictory plea - However, defendant is entitled to take contradictory/alternative plea

in his written statement.

 (Para 10) 

(B)Civil P.C. (5 of 1908), O.8 R.9 - Additional written statement - Filing of - Suit for partition

- Defendant/co-sharer had stated in AWS that there was unregistered partition deed in which

not only plaintiff and defendant but also their sister and another brother were parties - Instant

suit had been filed by third party only with regard to properties that were allotted to share

of defendant - Therefore, partition deed naturally related to some other properties that were

allotted to third party - Merely because some other properties were also mentioned in partition

deed, entire AWS cannot be rejected on ground that it was unrelated to suit property - AWS

was not filed belatedly - Refusal to allow AWS, improper.

 (Paras 11 , 12 , 13)