Civil Procedure Code, 1908, Section 151 -- Stay of execution proceedings during pendency of application U.O.9.R.13 CPC - Suit for possession by way of specific performance - Executing Court already ordered and got executed sale deed in favour of DH - It was thus too late in the day for JD to move the application u/s 151 CPC for staying the execution proceedings -..........
Civil Procedure Code, 1908, Section 50 -- Execution - Decree of permanent injunction - When J.D. dies before decree is satisfied, it can be executed against his legal representatives...........
Evidence Act, 1872, Section 68 -- Registered sale deed - Proof - To prove, it is not necessary to call an attesting witness when its execution is not denied specifically by a person who has executed the same, except the deed of `Will'...........
Evidence Act, 1872, Section 68 -- Registered sale deed - Execution - Proof of - Execution of document never questioned or objected by its executor - Defendants being stranger or third party to sale deed, has no right to question the authenticity of its due execution and attestation...........
Civil Procedure Code, 1908, Order 20, Rule 11(2) -- Execution - Money decree - Executing Court has no jurisdiction to grant payment of decretal amount by installment without consent of decree holder...........
Succession Act, 1925, Section 278, 372 -- Letters of administration - Grant of - Will - Daughter-i, law/plaintiff of testator is the sole beneficiary under Will - Attesting witnesses of Will proved due execution of Will, as they signed the Will in the presence of testator - Testator proved to be in sound disposing state of mind at the time of execution of Will - Testator..........
Partition suit -- Family settlement/samjhotanama executed between parties and plaintiff was already compensated for his share - Witnesses to the said document confirmed that they were present when document was executed between parties - No material contradiction emerged from the testimony of witnesses regarding execution of settlement despite of their lengthy..........
Will -- Propounder of Will need not examine himself, particularly, when it is not the case of propounder of Will that he was present at the time of execution of Will...........
Succession Act, 1925, Section 278 -- Letters of administration - Grant of - Will executed in favour of three sons by testatrix to the exclusion of appellant/other son - Prima facie due execution of Will proved on record - Will bears signatures of two attesting witnesses - Testatrix was in sound disposing mind at the time of execution of Will - Signatures of testatrix in..........
Will -- Letters of administration - Grant of - Appellant sole beneficiary/legatee surviving heir of testatrix - Attesting witnesses of Will proved due execution of Will - Testatrix was of sound disposing mind at the time of execution of Will - Court is satisfied that Will in question is the last and true Will of testatrix whereby she bequeathed property in favour of his..........
