Will -- Proof of - Execution of Will in favour of defendants - Plea of fraud by plaintiffs - No FIR was lodged regarding alleged fraudulent execution of Will - Defendants themselves appeared in evidence and categorically stated that Will was executed by executor of his own free will and volition and that he was not suffering from any kind of ailment when Will was executed..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Third party objections - Third person is not entitled to file an application U.O.21.R.97 CPC, as said application may be filed by a DH in event of execution of decree is resisted or obstructed by any person obtaining possession of property...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Third party objections - Where Executing Court, without going into merits, declines to adjudicate upon lis between parties under O.21.R.101 read with Rule 97 and Rule 98 CPC on the ground of non maintainability of the application, such order passed by executing court can not be deemed to be a decree..........
Agreement to sell -- Specific performance - Readiness and willingness - Certificate issued from office of Sub-Registrar confirming presence of plaintiffs before Sub-Registrar for execution of sale deed on the particular date cannot be construed as conclusive evidence to no, suit defendants, particularly when no further evidence was led by plaintiff to demonstrate..........
Tender -- Dealership of Liquified Petroleum Gas (LPG) - Applicant should own a plot of land of adequate size at advertised location for contribution for godown for LPG storage as per terms of tender - Admittedly, as on last date of submission of applications in terms of advertisement, petitioner did not own land as required - Petitioner only had an agreement for sale in..........
Agreement to sell -- Specific performance - Readiness and willingness - It was for plaintiff to establish his readiness and willingness for execution of agreement by entering witness box and proving his capacity to pay balance consideration amount - Power of attorney appointed later on was naturally unaware of preceding events, is incompetent to deny any document on..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Eviction decree - Property sold thereafter - J.D. filed injunction suit arraying purchasers as party seeking restraining them for not dispossessing him - Application for stay of execution filed only to deprive DHs and their successors-i, interest from enjoying benefits of property - Moreover, subsequent..........
Civil Procedure Code, 1908, Section 47 -- - Execution of ex parte decree - Objections - Objection that no notice in the suit has been issued to defendant since address given in the suit is not the address of defendant and that it was an address where he had been living earlier - Defendant in occupation/carrying on business and notice not issued at such an address - Ex..........
Civil Procedure Code, 1908, Order 3, Rule 4(3) -- Advocate - Execution proceedings are continuation of suit - Advocate appointed in suit is authorized to file execution petition...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque towards sale consideration - No document or evidence as to execution of conveyance - There was no existing debt or liability against which cheque was given - Accused acquitted...........
