Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Claim applications have to be tried like a suit U.O.21.R.58 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Third party objections - Impugned order of rejection of application by Trial Court would disclose that no trial was conducted, no evidence was let in and no opportunity was given to petitioners to adduce evidence - Appendix of evidence was recorded as nil - Impugned order set aside - Matter remanded to trial..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - DHs alleged that JDs in violation of decree had raised a wall on the suit land blocking the passage - However, DH did not make any effort to prove spot identification - DH placed reliance upon site plan, prepared by deed writer - However, DH did..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection by JD - Compromise decree - JD directed to execute the sale deeds in favour of DH in view of compromise decree - Admissions made by JD would prove that lands in question is available and same were not registered in favour of DH - JD had not filed any documents to show that part of land was sold to third..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Plea that execution petition was filed beyond period of 12 years - Decree passed in 1993 - Revision petition filed thereagainst decided on 13.12.2001 - There was thus, no inordinate delay in filing of execution petition - Objections rejected...........
Agreement to sell -- Suit for specific performance - Suit property is situated in Haryana while agreement to sell was prepared on stamp paper purchased from Uttar Pradesh - There is no signature or seal of stamp vendor and neither was any examined by plaintiff - Even name of scribe is not forthcoming despite attesting witness deposing that agreement to sell was written at..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of disputed signatures on Will - Plaintiff wants to disprove the Will which is filed at the end of trial by defendant - He reserve his right to produce documents which were subsequently produced - Since plaintiff disputes very execution of Will and in order to disprove the same, he filed an application to send..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Issuance of conditional warrants of arrest - Judgment debtor had actively contested the case - No application filed by JD for contesting as indigent person - Only bald statements have been made that JD does not have means to satisfy decree - Conduct of JD evidences that he is only trying to avoid..........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Property situated at Jaipur - Execution petition filed at Jaipur - Order directing to furnish transfer certificate set aside - Executing Court directed to decide execution application...........
Will -- Proof of - Will stands proved by evidence of attesting witnesses - DW4/Clerk from office of Sub Registrar had also appeared and deposed regarding execution of Will - DW4 has further deposed that Will was presented to her for registration by testatrix who was identified by attesting witnesses - DW4 read over contents of Will and explained the Will to testatrix in..........
