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X sues his sister Y for partition of their parents’ properties. Y unequivocally admits the pleaded…

Order XII rule 6 gives discretion to pronounce judgment on admissions without awaiting determination of other questions. Unequivocal admissions sufficient to decide shares…

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X sues his sister Y for partition of their parents’ properties. Y unequivocally admits the pleaded ownership and shares, and no other issue prevents a declaration of shares. Under Order XII rule 6 of the Code of Civil Procedure, 1908, which course is open to the court?

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Answer and explanation

Correct answer C

Order XII rule 6 gives discretion to pronounce judgment on admissions without awaiting determination of other questions. Unequivocal admissions sufficient to decide shares can support a preliminary partition decree declaring them.

See Order XX rule 18 of the Code of Civil Procedure, 1908.

Option feedback

Option A

Clear admissions can support judgment without insisting on oral proof of admitted facts.

Option B

A compromise is unnecessary where judgment rests on admissions.

Option C

Rule 6 permits judgment on admissions; partition shares may be declared by preliminary decree.

Option D

Sufficient unequivocal admissions can support judgment without formal proof of every original document.

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