SAMBUDDHA CHAKRABARTI,J. - (1.) The question that has in the course of submissions of the learned Advocates cropped up is whether, even if a defendant can raise inconsistent pleas provided they are not mutually exclusive, he can be permitted to take such inconsistent stand in his application for extension of time to file written statement before different fora.
(2.) The defendant undoubtedly has the competence to take inconsistent pleas in written statement but perhaps does not enjoy the similar right to come up with inconsistent stands in the application for extension of time to file their written statement.
(3.) The factual background may briefly be stated in order to appreciate the context in which such question did really crop up before us. In a suit of 1981 for eviction of the tenant, the original defendant no.9 died in the year 1999 and his heirs were substituted in the suit. One of such substituted heirs is the appellant before us.;