Can we take two different stand on two different case

First my uncle filed a recovery of possession based on the unregistered family arrangement against his three brothers on 2013. In his first case he stated as if partition was effected and some share of property was not given to him. this case was dismissed as the court failed to admit the unregistered family arrangement deed. later he filed a partition case till date on 2015. can he take two different stand on two different case. in which plantiff and respondent are same. first he says partition was exectued and not acted upon. later he asks for partition claiming more property till date 2015. can he take such stand. how to defend such case? is there any section to file to dismiss his second case.