A' files a suit for partition in the High Court of Delhi against her brother 'B'. 'B' relies upon a Will executed by his father bequeathing the entire estate in his favour.
A. B has to necessary file counter claim seeking probate of the Will
B. An issue will be framed as to the genuineness and validity of the Will, which 'B' can establish without seeking probate
C. B' has to necessarily file a separate probate petition
D. The suit for partition will be stayed until B obtains a probate
Answer: Option B
Under Order 8 Rule 6 Code of Civil Procedure set-off may be permitted if-
A. The suit is for recovery of property
B. Set-off claimed by the defendant is ascertained sum of money
C. Value of property recoverable is less than rupees two lacs
D. Defendant presents a written statement of the suit
A. Is barred under all circumstances
B. Is not barred at all
C. Can be filed with the leave of the court
D. Either B or C
A. Such property actually received or might have received together with interest
B. Property actually received including profits due to improvements made by such person
C. Such property actually received or might have received but without any interest on such profits
D. Such property actually received
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