Civil Procedure Code, 1908, Order 21, Limitation Act, 1963, Section 5 -- S.5 of Limitation Act is not applicable to execution proceedings...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction for setting aside judgment and decree declaring defendant as owner of suit property - Limitation - Once there is an admission in cross examination with regard to execution of sale deed in the year 1981 in favour of defendants, yet there is no challenge to the same in suit as such..........
Will -- Execution - Attestation of Will as per S.63 of Succession Act is not an empty formality - It means signing a document for the purpose of testifying of the signatures of executant...........
Will -- Execution - Unregistered Will of 1957 saw first time in 1980, although testator had died long before - Will did not contain thumb impression/signature of two attesting witnesses - Petitioner even did not examine any attesting witnesses of Will - Neither Will was executed according to provision of S.63 of Succession Act nor it was proved according to provisions of..........
Will -- Execution - Sound disposing mind - Plea of loss of sound disposing state of mind, cannot be entertained without medical evidence...........
Will -- Execution - Where subsequent Will has a categoric recital of revocation of earlier Will, earlier Will stood validly revoked, particularly, when due execution of subsequent Will is proved on record...........
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 10 -- Territorial jurisdiction - Cause of action - Recovery suit - Execution of loan agreement and default in payment of EMIs under loan agreement arrived at within jurisdiction of trial Court - Place where contract is executed and payments were made, form a part of cause of action - Trial Court is bound to entertain..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for removal of encroachment - Objections - No valid grievance to obstruct execution of decree - Apprehension that while executing decree possession of petitioners on pattasud land is likely to be disturbed is wholly unfounded - Executing Court committed no illegality and material irregularity in exercise of its..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for removal of encroachment - Objections - Decree passed by trial Court and affirmed upto Apex Court is confined to offending part of encroachment - Petitioner have no valid grievance to obstruct execution of said decree - So far as apprehension of petitioners that while executing decree possession of petitioners..........
Will -- Proof - Execution of will six days prior to death of testator - Merely for this reason will cannot be held to be shrouded by suspicion, especially when due execution of registered Will is proved on record - Will, held, to be genuine and proved in accordance with law...........
