Will -- Execution - Proof - Signing by testator in the presence of attesting witnesses and signing by attesting witnesses in the presence of testator - One of the attesting witnesses examined who proved his signature and stated in cross examination that the other witnesses, testator, himself and one other attesting witness and writer of the Will were all present while..........
Transfer of Property Act, 1882, Section 105, Evidence Act, 1872, Section 68 -- Lease deed - Registered - Execution admitted by the executant - Held, it is not necessary to examine any attesting witness to prove the lease deed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Possession delivered subsequent to the execution of agreement to sell - If agreement to sell had been executed through registered document then subsequent delivery of possession can also take place through registered document - Absolutely no occasion to grant temporary..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Pre-mature execution - Once the application is found pre mature, any observations on merits, even if made in the order, is of no consequence - Same has to be ignored for the purpose of deciding whether second application for execution is barred by the principle of res judicata...........
Civil Procedure Code, 1908, Section 47 -- Final partition decree alleged to be inexecutale being vague - Commissioner had suggested two options in his report to divide the property - Trial Court left the exercise of selection of the option to the stage of execution - That does not render the decree vague...........
Civil Procedure Code, 1908, Section 47 -- Execution - Executing Court not to consider factors and facts not forming part of judgment and decree...........
Civil Procedure Code, 1908, Order 22, Rule 12 -- Execution - Death of D.H. - Execution proceedings could be continued by the L.R's of D.H. - Every Court has inherent power to permit the L.R's of a party to continue the proceedings initiated by or against his predecessor - Substitution rightly allowed...........
Civil Procedure Code, 1908, Order 21, Rule 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 -- Execution - Attachment of J.D's property not in his possession - Execution application must be clear and with details as required - Warrant of attachment issued at the instance of D.H. based upon vague averments, held, illegal, impermissible and liable to be withdrawn/vacated...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contract Act, 1872, Section 23 -- Execution of sale deed in violation of order of injunction - Such sale deed is unlawful having no legal sanctity...........
Will -- Execution - Proof - Attesting witness - Will proved by examining one attesting witness - Attesting witness examined alleged to be not the one who had attested the Will - In cross examination there is no discussion or even a suggestion that attesting witness examined is not the one who had attested the Will and that he was not the attesting witness to the Will -..........
