Code of Civil Procedure, 1908–Order 12, Rule 6–Indian Succession Act, 1925–Sec. 63–Partition–Decree based on admission–Sustainabililty–Plaintiffs and defendant nos. 1 to 3 denied and disputed the Will dated 18.11.1999 in unequivocal terms whereas the defendant nos. 4 & 5 propounded the Will–From the careful reading of the pleadings presented by the parties, there exists a triable issue–Admission made by the defendant is not an admission of the case of plaintiffs but it is a statement in continuation of what had been pleaded in the paragraphs nos. 24 to 27 of the written statement–Appreciation and acceptance of the above pleading/response to the admission/denial is patently erroneous–Instant case presents both triable issues of facts and law–Pronouncing a view on the operating clauses of the document yet to satisfy the requirements of Sec. 63 of the Indian Succession Act r/w. Sec. 58 and 68 of the Evidence Act, is an illegal exercise of jurisdiction–Impugned judgments set aside and matter remitted back with certain directions.
