Supreme Court · 1976 INSC 238 · Decided 23 September 1976
Modi Spinning & Weaving Mills CO. LTD. & ANR. v. Ladha Ram & CO.
- Court
- Supreme Court of India
- Citation
- 1976 INSC 238 · [1977] 1 S.C.R. 728
- Case number
- CIVIL APPEAL No. 190/1976
- Decided
- 23 September 1976
- Bench
- A.N. RAY, M. HAMEEDULLAH BEG, P.N. SHINGAL (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Pleadings, a111c11d111e11ts to-A 111c11d111e11t to the ple11di11)is !O i11trod11ce an entirely different case, under the guise of permissible inconsiste/11 pleas which is likely lo cawe prejt1dice to the other side cannot be al/owed-Cil'il Rrnetdure Code (Act V of 1908)-0rder VI. Rule 17. In a instituted by the respondent/plaintiff in May, 1971. the appellants/defendants filed their written statement admitting that by virtue of an agreement elated April 7, 1967, the plaintiff worked as their Stockist-cum-Distributor. After three years the defendants filed an interlocutory
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