Will -- Proof - Will if attested by two or more witnesses - It is not necessary for all the attesting witnesses to prove the execution of Will - Same can be proved by calling only one attesting witness...........
Will -- Two out of four attesting witnesses of Will stated that Will had been signed by testator in their presence and the Will was read over to them and thereafter they also signed - Execution of Will was duly proved by witnesses and issuance of probate cannot be denied only on the ground that third witness had some contradiction in his statement - Will is proved...........
Will -- Proof - Will written and signed by testator and two attesting witnesses proved that Will as signed in their presence and subsequently they had also signed the same as attesting witnesses - Sufficient to prove execution of Will...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Obstruction petition filed by defendants u/s 47 CPC has already been struck off - Defendant is bound by decree which is confirmed by Supreme Court - Defendants filed another application U.O.21.R.97 CPC by misusing the process - Application rightly rejected - Civil Misc. Appeal thereagainst struck..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Obstruction petition filed by defendants u/s 47 CPC has already been struck off - Defendant is bound by decree which is confirmed by Supreme Court - Defendants filed another application U.O.21.R.97 CPC by misusing the process - Application rightly rejected - Civil Misc. Appeal thereagainst struck..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction petition - Tenants resisting the decree on the same ground which was rejected by High Court earlier - Executing Court rightly dismissed the application u/s 47 CPC...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Power u/s 47 CPC is microscopic and lies within a very narrow inspection hole...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Petitioners have not raised any serious objection in terms of S.47 CPC - Only objection raised was that Court ought not to proceed with ordering JD to execute sale deed in view of pendency of first appeal - Even, no stay sought from appellate Court - Executing Court itself would not refuse to proceed with..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Recovery suits on the basis of promissory notes - Defendant borrowed loan amount from plaintiff and executed five promissory notes - Borrowal of loan amount and execution of promissory notes on different dates gives separate cause of action..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Recovery suits on the basis of promissory notes - Defendant borrowed loan amount from plaintiff and executed five promissory notes - Borrowal of loan amount and execution of promissory notes on different dates gives separate cause of action..........
