Civil Procedure Code, 1908, Section 47 -- Execution - Objections - At the instance of a party who was proceeded ex parte in the suit and objections not relating to the execution, discharge or satisfaction of decree - Not maintainable...........
Will -- Non mention of execution of earlier Will - Not a suspicious circumstance, more so, in the face of evidence available on record...........
Registration Act, 1908, Section 60 -- Certificate of registration - It is a relevant piece of evidence for proving its execution...........
Evidence Act, 1872, Section 68, 101, Specific Relief Act, 1963, Section 31 -- Cancellation of deed - Burden to prove genuineness of deed arises only on plaintiff placing materials before Court satisfactorily discharging burden cast upon him in showing prima facie suspicious circumstances to doubt execution of disputed deed...........
Transfer of Property Act, 1882, Section 122, 123, Evidence Act, 1872, Section 68 -- Gift deed - Proof of - When defendant accepts execution of registered gift deed in favour of plaintiff, it is not necessary for plaintiff to prove its execution by examining the attestor...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Ingredients - Donor need not deliver possession of property to donee on or after execution of gift deed - It is sufficient if donee accepts the gift and acts upon it during the lifetime of donor...........
Will -- Execution - Signatures - Held, there is no place fixed by legislature where signature must be affixed - It must be affixed "to the will" - It must be placed so as to appear that it gives effect to document as a Will - Nothing further is required...........
Will -- Registration - Held, registration of Will does not ipso facto prove Will - It is only an added circumstance to lend credence to execution of Will...........
Will -- Execution - Plea of fraud - Held, it is for defendants to prove fraud or coercion and particulars of same must be provided by defendants upon whom onus lies...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objections - Not mandatory to frame issues and to allow parties to lead evidence - If from documentary evidence fact situation becomes crystal clear then court is not required to record formal or oral evidence while determining objections U.O.21.R.58 CPC...........
