Civil Procedure Code, 1908, Order 21, Rule 11(2), 105, 106 -- Execution - Dismissal in default - Decree holder has remedy either to apply for setting aside the order or file a repeat application - Decree holder can file number of applications for execution of decree, till decree is satisfied...........
Will -- Suspicion circumstances - Testator died within 24 hours of execution of Will - It is thus not believable that testator might have foreseen his death so close that he opted to rush at a distance of 30 kms away from his native village that too ignoring the nearby Tehsil to execute the Will - Possibility of manufacturing of Will by propounder by obtaining thumb..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Two decree holders out of five have sold their shares to petitioner and petitioner has become entitled to share in suit property to that extent - However, sale of share by two decree holders would not make decree in favour of other decree holders redundant or inexecutable - Indeed, other decree holder have right..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Limitation of one year to file application U.O.21.R.95 CPC for delivery of possession begins to run when sale becomes absolute and not when sale is confirmed - In the instant case High Court in revision granted stay of further proceedings in the execution petition - Revision..........
Will -- When due execution of Will is proved and there is no other attending circumstances to arrive at irresistible conclusion that Will was outcome of any fraud or misrepresentation, then disinheritance of legal heir alone would not be a sufficient ground to discard the Will...........
Evidence Act, 1872, Section 65 -- Secondary evidence - To prove the existence and execution of a document by secondary evidence, first requirement is to prove the existence of one of several situations in which S.65 permits proof of a document by secondary evidence and thereafter prove he document by secondary evidence of the form and the kind permitted in that situation...........
Agreement to sell -- Specific performance - Subsequent purchasers - Having knowledge of execution of sale agreements - No steps were taken by subsequent purchasers to inquire about whereabouts of original title deed - Conduct of defendants themselves indicates that subsequent purchasers are not bona fide as sale deed came to be executed and registered with unusual haste -..........
Will -- Proof - Testator had no title to property on the date of execution of Will - Property under Will was already transferred in the name of setlee - Mere revocation of settlement by settler at the instance of beneficiaries at a later time would not divest the right and title of setlee under previous settlement deed - Will held, not valid...........
Will -- Suspicious circumstances - Testator died within short span of period from the date of execution of Will - Further, the hurried manner in which testator was taken to hospital in a car to register the two documents one for cancellation of settlement and another for registration of Will, with the help of third parties, creates serious doubt about the execution of..........
Civil Procedure Code, 1908, Section 38, 39 -- Execution - Award of Lok Adalat - Property situated outside jurisdiction of Court - Execution be filed before competent Civil Court - Thereafter D.H. to get the execution petition transferred to the Court within whose jurisdiction the property is situated - In the instant case execution petition filed in the Court within whose..........
