Will -- Proof of - Execution of Will not proved by plaintiff in terms of S.63 of Succession Act and S.68 of Evidence Act - DW1 and DW2 not admitted the execution of Will - PW2 and PW3 both have not disclosed the date, month and year of execution of Will - Will thus, not proved - Suit for permanent injunction and declaration on basis of Will dismissed...........
Civil Procedure Code, 1908, Section 51 -- Execution - Money decree - Inability of JDs to pay amount does not automatically result in civil imprisonment - Court is required to record a positive finding that JDs are intentionally evading to re-pay the amount despite resources...........
Agreement to sell -- Refund of advance amount - Plaintiff pleaded for refund of advance amount of Rs.20,000, as paid to defendant - Though defendant pleaded that he had returned the amount of Rs.1000 but there is no evidence to that effect - Defendant directed to pay Rs.20,000 with 9% interest p.a from the date of execution of agreement till the date of repayment...........
Agreement to sell -- Refund of advance amount - Plaintiff pleaded for refund of advance amount of Rs.20,000, as paid to defendant - Though defendant pleaded that he had returned the amount of Rs.1000 but there is no evidence to that effect - Defendant directed to pay Rs.20,000 with 9% interest p.a from the date of execution of agreement till the date of repayment...........
Will -- Proof - Will in question is a handwritten Will which is allegedly thumb marked by testator and it is attested by two attesting witnesses - However, one of attesting witness failed to prove that Will was executed in accordance with law - Moreover, Will was produced in first appellate Court during pendency of suit after nearly 30 years from its execution - Propounder..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Person cannot be said to abscond or evade the execution of warrant when he had gone to a distant place before issue of warrant...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants acquired knowledge on the basis of summons which were issued in execution case - Even in main suit summons were not served and it is not disputed that there was no order passed by Court or even on registered cover sent by Court that summons were either refused or deliberately..........
Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution - Ex parte decree - Petitioners already filed a miscellaneous case U.O.9.R.13 CPC for setting aside ex parte decree - O.21.R.26 CPC not applicable - Moreover, no suit is pending between parties except said miscellaneous case - Petitioner had also not shown sufficient cause to stay execution case as such..........
Will -- Suspicious circumstance - Ill health - From the evidence of witnesses, it cannot be held that testator was not in good senses and was unable to understand the welfare or take correct decisions - Will cannot be held to be suspicious on the ground of alleged ill health of testator at the time of execution of Will...........
Civil Procedure Code, 1908, Section 50 -- Legal representative (LR) - Death of JD - Any decree which is relatable to the extent of property of deceased which has come to the hands of LRs and has not been duly disposed of, same would be liable for execution by a DH so as to compel LRs to satisfy decree - Even the decree for preventive injunction can also be executed against..........
