Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and partition - Plaintiffs admitted execution of Will by their deceased father and to the fact that suit premises was his self acquired property - Held, thereafter there does not exist any cause of action in favour of plaintiff to institute the suit, nor do they have locus standi to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - In order to enable a party to produce secondary evidence, it is necessary for that party to prove existence and execution of original document and loss of original document beyond all reasonable doubt...........
Hindu Law -- Ancestral property - Alienation by father - Suit for cancellation of sale deed and for possession - Court cancelled sale deed with regard to half share and decree for possession granted in favour of plaintiffs - Defendants subsequently purchased the land in question from other co-sharer - Only manner in which an outsider can get possession is to sue for..........
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52 -- Execution - Objection by purchaser pendente lite not maintainable as rights of purchaser pendente lite are subject to the decree and as such transferee is bound by the decree - Decree can be enforced against purchaser pendente lite...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Unless and until the person who is objecting to execution has independent right, title or interest in immovable property, he cannot claim adjudication of his rights by resorting to this provision...........
Will -- Suspicious circumstances - Propounder of Will is required to remove all suspicious circumstances surrounding execution of Will especially when Will is unregistered and is executed just a day before death of testator disinheriting all the sons - In the instant case, Will is not proved to suffer with any suspicious circumstances - Will, held, proved - Plaintiff..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of notice of motion - Grant of - Challenge as to - Suit for administration of estate of deceased - Appellant being highest bidder, sale process had already been confirmed and execution of document was directed in his favour - Since, vested right had been created in favour of appellant/bidder - Defendants could not..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Decree for specific performance - Third party objections - Application for impleading in the suit dismissed - Order not challenged - Obstructers therefore not entitled to obstruct the decree in execution petition, more so when rights of some of obstructers were resolved in individual suits filed by them...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of claim petition in execution of a decree as time barred, does not disentitle the party to file a suit in respect of same property and such suit is not hit by principles of res judicata...........
Will -- Proof of - Unregistered Will - Will thumb marked by testator whereas she used to sign - More so, very existence of thumb impressions on Will that too very faint was suspicious circumstance in view of ailing condition of testator just before her death - Due execution of Will not proved on record - Will, held, to be surrounded with suspicions circumstance...........
