Will -- Registered will - Registration of Will is an additional factor to prove that Will was duly executed and that testator was in a sound and disposing mind at the time of execution of the Will...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Cannot be sought by a stranger to the decree...........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Third party when dispossessed from the suit property to which he claims any right, title or interest before getting any opportunity to resist or offer obstruction can file an application U.O.21.R.99 CPC claiming that his dispossession is illegal and that possession deserves to be restored - If such an..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Objections - Application U.0.21.R.99 CPC filed by petitioner dismissed summarily being barred by res judicata - Order passed thereon would not be decree within meaning of O.21.R.103 CPC as issues have not been adjudicated as envisaged U.O.21.R.101 CPC - Revision therefore is maintainable and so the writ..........
Will -- Proof - Registered Will - Proof by Sub Registrar - Sub Registrar not present at the time of execution of Will and he not a witness to affixing of signatures by the testator or the attesting witness on the date the Will is purported to have been executed - Sub Registrar, however, stated that when Will was present for registration and registered, signatures of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case of plaintiffs not made out - Will in favour of plaintiffs on the basis of which they are claiming ownership rights of the entire property is unregistered and not admitted by defendant - Execution of Will yet to be proved - Moreso, plaintiffs himself admitted that before said Will..........
Civil Procedure Code, 1908, Order 20, Rule 6 -- Decree - Every endeavor should be made to ensure that decree is drawn up as expeditiously as possible and within an outer time limit of fifteen days from the date on which judgment is pronounced - An appeal can be preferred without filing a copy of decree and judgment shall cease to have the effect of a decree for the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a suit - High Court or District Court has power to transfer a case on the motion of any other party or on its own motion and it applies to suits, appeals and other proceedings, including execution proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Framing of issues and providing opportunity to parties to lead evidenced - Not necessary when there are no issues or material aspects to be adjudicated upon and objections are vague, fluid and non clinching and moreso when no supporting material or revenue documents are placed on record...........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Partition suit - Defendant is in settled possession of properties in question - Plaintiff who is aged person is residing somewhere else and has no intention to settle at the place where properties are situated - By way of final decree of possession in favour of plaintiff to the extent of his 1/5th share,..........
