Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections by vendee lis pendens - Petitioner purchased suit property after decree passed by civil Court, thus, he purchased the same on the basis of calculated risk - Objections filed by petitioner cannot be entertained, as all vague and frivolous objections need not be decided by following proper procedure in..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Whenever a decree of trial Court is challenged by a competent appeal, appeal is considered as a continuation of suit and when appellate decree affirms, modifies or reverses decree on merits, trial Court decree is said in law to merge in appellate decree and it is appellate decree which rules - Period of..........
Evidence Act, 1872, Section 65, Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution - Application for production of secondary evidence - Petitioners did not aver that the pre-conditions set out in S.66 of Evidence Act to produce secondary evidence were satisfied and originals of documents in issue were lost - No affidavit was filed in support of application -..........
Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Due execution - Sale deed is not required to be attested by two attesting witnesses - Marginal witnesses are not mandatory for execution and registration of sale deed - Once sale deed has been executed, unless executant disputes its execution, such sale deed is admissible in evidence - For proving..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 15 -- Execution - Joint decree holders - One decree holder can file execution application for the benefit of all others...........
Civil Procedure Code, 1908, Section 47 -- Execution - Description of property - In the execution application, boundaries have been given - Objection regarding description of property rejected...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Injunction order - Civil Court observed that eviction of tenant shall remain stayed except pursuant to the order of competent Court - Held, injunction order not a hindrance in the execution of decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Order of eviction on ground of material alteration and denial of title - Plea that only symbolic possession can be given, rejected...........
Transfer of Property Act, 1882, Section 54, 8 -- Registered sale deed - Mutation - Not necessary to vest title in the purchaser - Title passes in favour of purchaser on execution of sale deed - Mutation neither confers any title nor is a document of title...........
Will -- Execution - Proof - When no attesting witness is found, it must be proved that attestation of one attesting witness is at least in his hand writing and the signatures of the person executing the document is in his hand writing...........
