Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by third party - Stay of execution - Petitioner failed to prove his possession qua property in question - There is thus, no question if any of his being dispossessed from the suit property so as to enable Court to adjudicate claim of petitioner - Application rightly rejected...........
Agreement to sell -- Specific performance - Agreement for sale entered into by plaintiff through her son/power of attorney - Defendants could accept the sale consideration but they disputed the authority of power of attorney - Power of attorney appeared in office of Sub Registrar for execution of sale deed but defendants did not turned up - Date of execution of sale as..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Execution - Decree of specific performance - Decree was executable within two months of passing of decree on payment of balance sale consideration - In appeal appellate Court did not impose a time limit - Objections that balance sale consideration not deposited within time as decree was not stayed by first..........
Civil Procedure Code, 1908, Section 115 -- Revision - Decree of specific performance modified to a decree of refund of sale consideration by High Court in a revision filed against execution proceedings - Such a course is not open in law...........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Stay of execution - Such period to be excluded while calculating period of limitation...........
Will -- Proof of - Testator died within a month of execution of Will - None of witnesses has stated that testator was medically and mentally fit at the time of execution of Will - DW1 in whose favour Will was executed not stated that Will was ever signed by testator in his presence - Even it is the case of defendants themselves that DW1 was not keeping well - Thumb..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Removal of construction raised by J.D. after passing of decree for permanent injunction - Executing Court has every right to pass appropriate orders for removal of obstructions in order to give effect to the decree passed by trial Court...........
Will -- Suspicious circumstance - Will in question not registered through computer - Registration of Will was used to be done through computer at the relevant time - But it was not explained as to why Will was not registered with the help of computer and registered manually - Plea taken by plaintiff coupled with statement of Sub-Registrar and other witnesses that Will was..........
Will -- Suspicious circumstance - Mental state of mind of testator - PW6 proves beyond doubt that on the alleged date of execution and registration of Will, testator was hospitalized and was regularly attended throughout the day and night by doctor - No explanation made as to in what circumstances testator was allegedly taken out of hospital before scribe and..........
Civil Procedure Code, 1908, Order 21, Rule 10, 11(2), 11(3) -- Execution - Application for execution to ensure compliance of three things : (a) Written application must be duly signed and verified by applicant or any person, who is acquainted with the facts of the case, to the satisfaction of the Court; (b) application must contain the details, which are specified in..........
