Will -- Proof of - Attesting witness of Will DW1 stated that he does not know date, month and year of execution of Will and he was not informed in advance about the execution of Will - DW1 Appears to be stock witness - He has not named other attesting witness and he does not deposed that testator had witnessed his attestation as well as attestation of other attestor -..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Petitioners remained unsuccessful in an application U.O.1.R.10 CPC - Once order rejecting application U.O.1.R.10 CPC is accepted by petitioners they cannot resist execution in question in any manner...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plea of adverse possession can only be set up as a defence in an action brought against defendant by plaintiff - Pleas are in factual matrix - Possession of respondents for twelve years due to failure of petitioner to file execution petition in itself does not amount to adverse..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - For getting back vacant possession of suit property - Defendant claiming protection of his possession on the basis of agreement to sell - Defendant neither filed a suit for specific performance of contract nor had he pursued his counter claim in the suit - On this count claim of defendant and legal right to..........
Succession Act, 1925, Section 272 -- Letters of Administration/probate - Will - Attesting witness of Will/PW2 stated that deceased was a friend of his father and he executed Will in his presence - He also recognized the signature of testator - Testator proved to be healthy and in normal condition at the time of execution of Will - Will executed in favour of petitioner..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution of decree - Suit for Partition - Objections - When a party to suit, who is wrongly impleaded and has not raised any claim in respect of subject-matter of the suit, if found at the end of the trial, to be unnecessary party, then he cannot be said to be a party to the suit for the purpose of S.47 CPC -..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution of decree - Misjoinder of party - When there is no operative decree against the party still he can file another suit to save his property from being taken delivery of in execution of decree and there is no embargo to his right of resistance to execution proceedings...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objections - All questions arising between parties to the suit in which decree was passed or their representatives, which relate to execution, discharge or satisfaction of decree, shall be determined by executing Court itself and not by a separate suit...........
Will -- Execution - Merely for the reason that Will happened to be a registered document, does not mean that it is a legal and valid document though on account of registration, presumption of due execution can be drawn - However, such presumption is rebuttable...........
Will -- Execution - Property purchased from joint Hindu family funds - It had nature of joint Hindu family property, which could not have been bequeathed by virtue of Will...........
