Civil Procedure Code, 1908, Order 14, Rule 1 -- Farming of additional issue - As to valid execution of Will - Plaintiffs have challenged the Will and defendants are pleading that said Will was validly executed by deceased - There is a specific plea regarding valid execution of Will raised by defendant - When there were specific pleadings with respect to Will, it was..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Additional agreement executed between parties - Execution of said document denied by respondent - Genuineness or otherwise of said document is a matter of evidence - It cannot be said as to whether said document is a genuine document or a forged one - Amendment declined by holding that..........
Civil Procedure Code, 1908, Order 21, Rule 58, 102 -- Execution - Registered sale deed - Specific performance, decreed - Objection to execution raised by purchaser pendente lite - Maintainability - Even though purchaser was not party to suit, but by virtue of provisions of S.52 of TPA, 1882 he is bound by decree passed by trial Court - Thus, a purchaser of suit property..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued to satisfy the decree passed by Arbitral Tribunal - Complainant already approached the competent Court for Executing the said decree - Mere pendency of execution of arbitral award would not preclude the complainant from availing the remedy u/s 138 of Act - Moreover, cheque that was..........
Agreement to sell -- Specific performance - Defendant not only signed the agreement but also affixed his left thumb impression - No evidence to show that agreement to sell and endorsement do not bears his signatures and thumb impression - Contention of defendant that he has not signed the document is misconceived - Scribe of agreement categorically deposed that contents of..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was ready and willing to perform her part of contract, as she went to office of Sub-Registrar along with balance sale consideration on the appointed date of registration and execution of sale deed, but defendant did not turn up - Since agreement to sell is duly proved and plaintiff is ready..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Deposit of balance sale consideration amount in High Court - Objection that deposit in High Court cannot be treated as deposit of balance amount, is not liable to be accepted as High Court itself has directed the decree holder to deposit the balance amount...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - Alienation of property to daughter on the basis of MOU and unregistered agreement - MOU and agreement collusive and in order to defeat execution proceedings - High Court erred in law in setting aside the attachment - Appellant is free to carry out the execution and to realize the amount from the..........
Will -- Suspicious circumstances - Testator used to sign but she put her thumb impression on Will - Testator was in mid 80's at the time of execution of Will - A person ages much faster in his later years as compared to his early years - Testator was not in a position to pen her signatures at the time of execution of Will...........
Succession Act, 1925, Section 276 -- Will - Probate - Grant of - Due execution and attestation of Will proved on record - Defendant failed to prove that signature of testator on the Will is forged - Testator died issueless and plaintiff is the son of brother of testator - Plaintiff as a beneficiary of Will, not a participant in the Will-making process - Defendant failed to..........
