Will -- Execution - Proof - Execution of Will never disputed by defendant - Plea of defendant that Will was revoked by testator vide subsequent Will - Held, execution of Will stands admitted...........
Agreement to sell -- Suit for refund of earnest money - Execution of agreement denied - This denial includes denial of alleged thumb impressions on the agreement - Testimony of scribe that he does not know the parties personally - Plaintiff failed to examine any attesting witness - Finger print expert not examined - Held, plaintiff failed to prove the identity of..........
Will -- Execution - Proof - Scribe of Will examined but in cross examination he stated that he does not know the executant and the witnesses of Will personally - No attesting witness of the Will examined to prove the Will - Testimony of scribe is not sufficient to prove execution of Will as he does not know the executant and witnesses of Will personally - Held, Will not..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - By detention in prison - Order passed without issuing show cause notice to J.D. which is mandatory - Impugned order set aside...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 11 -- Money decree - Execution - Objection - Petitioner nowhere in his petition u/s 47 stated that the Executing Court has had no jurisdiction or the ground why the decree cannot be executed - Rather he raised the question of only procedural defect - Held, procedural defect itself cannot be a ground for denying the..........
Agreement to sell -- Suit for specific performance - Plea of defendant of executing agreement against loan taken - Defendant admitted his signatures on the agreement but not the contents of the agreement - Attesting witnesses not examined - Held, no benefit of Ss.91 & 92 of Evidence Act can be given to plaintiff that the defendant admitted the execution of disputed..........
Agreement to sell -- Suit for specific performance - Refund of earnest money - Not claimed in the suit - However, in the relief clause it was claimed `Any other relief, which the Court deems fit be awarded' - Held, relief of refund of earnest money can be granted - Refund of earnest money ordered alongwith simple interest @ 9% per annum from the date of execution of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plaintiffs filed suit for declaration of right, title and interest over the suit land and for eviction of defendant No.1 with a prayer for permanent injunction - Earlier, suit for declaration of title and permanent injunction filed by purchaser of disputed land from common ancestor of..........
Civil Procedure Code, 1908, Section 100, Order 21, Rule 97, 101 -- Execution - Third party objections - Order passed - It is in the nature of a decree against which appeal and not revision lies...........
Civil Procedure Code, 1908, Section 100, Order 21, Rule 97, 101 -- Execution - Third party objections - A person that causes obstruction and wants an adjudication that his possession shall not be disturbed, he is bound to establish his title...........
