Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Question as to whether compromise decree was obtained by fraud or misrepresentation cannot be agitated in an execution petition - Question of fraud is to be agitated by way of a separate suit...........
Civil Procedure Code, 1908, Section 60(1)(c) -- Attachment - Exemption from attachment - Provision is not applicable to a mortgage decree as there is no necessity for attachment either in execution or on the original side...........
Civil Procedure Code, 1908, Section 60(1)(c) -- When there is a mortgage, there is no necessity for attachment either in execution or on the original side...........
Will -- Execution- Proof - Mere identification of the signatures of executant or attestor or scribe by witness is not proof of due execution or valid attestation of Will - The ingredients of the attesting witnesses are the executant signing the document and the attestors signing as witnesses in the presence of the executant or on the receipt of personal acknowledgment by..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 54 -- Attachment before judgment - Attachment in execution - Distinction between two - Analysed - While issuing attachment before judgment Court only ensures that defendant does not dispose of property pending suit - Affidavit sworn by defendant containing clear and unambiguous..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff came from abroad to execute sale deed and pay the consideration amount even before the date for execution of sale deed was fixed - A legal notice was also served - Plaintiff approached the Registrar with the money - On the basis of evidence and materials on record, it is not possible to interfere..........
Will -- Suspicious circumstances - Testatrix not proved to be living with beneficiary since 1986 and that only on that count she was made a beneficiary thereof - Attesting witness stated that Will was drafted before her coming to the residence of testatrix and she had only proved her signature as a witness to the execution of Will and the document was a handwritten one -..........
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Will - Execution of - Proof - Suspicious circumstances - Proof of attestation of Will is a mandatory requirement - Mode and manner of proof of due execution will depend upon the facts and circumstances of each case - It is for the propounder of the Will to remove the suspicious circumstances - No evidence..........
Will -- Execution - Proof - Will not read over and explained - A certificate to that effect in ordinary course is required to be given by the scribe - Scribe of Will cannot be relied...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 51, Order 21, Rule 35 -- Lispendens - Execution of decree for possession - Construction existing or raised over the land or has been raised during the pendency of the case over the land - Would not stand in way of execution of decree - Decree Holder entitled to earn fruits of decree...........
