Civil Procedure Code, 1908, Section 47 -- Objection to the Decree - Decree for specific performance granted qua 1/3rd share in the property - Objection that the agreement was with respect to specific Khasra number and sale deed be executed qua those numbers only - Objection not tenable - Once the decree having been passed, the same cannot be disputed in execution..........
Evidence Act, 1872, Section 68, 69 -- Will - Proof cf execution - Neither the scribe nor any of the attesting witness examined by the defendants to prove the Will as per requirement of Section 68 of the Evidence Act - None of the attesting witness of the will alive - The Will could have been proved as per the requirement of Section 69 of the Evidence Act in which the..........
Partnership Act, 1932, Section 44(d), Civil Procedure Code, 1908, Order 20, Rule 15 -- Partnership at will - Court can dissolve the firm if meeting of partnership was never held after execution of the partnership deed in spite of repeated requests by plaintiff, managing partner did not show him the accounts and confidence between the partners i.e. plaintiff on the one hand..........
Will -- Execution - Proof - Testator a senior advocate - Will scribed by his junior - Scribe who is also an attesting witness deposed that he had written the will in his own hand and thereafter testator after reading and signing the Will returned the same to scribe who signed it in presence of testator and scribe thereafter handed over the Will to other attesting witness..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Minor - Mother appointed as guardian in execution proceedings - Next friend of minor is not precluded from filing petition U.O.21.R.90 CPC on behalf of minor...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Two suits filed by plaintiff claiming permanent injunction and common relief of removal of gate fixed by defendant - Cross suits also filed by defendants - In both suits of plaintiff issue in respect of unauthorized gate was framed and specific finding given - In such circumstances it cannot be aid that no..........
Specific Relief Act, 1963, Section 34 -- Sale deed in favour of plaintiff by power of attorney holder - After death same land sold by L.R's in favour of defendant No.1 - Power of attorney duly proved - Defendant No.1 being in possession of suit land as tenant was supposed to take caution while purchasing suit land from legal representatives - It is unbelievable that..........
Punjab Land Revenue Act, 1887, Section 16, 34 -- Mutation on the basis of Will - Two Wills - one registered and another unregistered - AC 1st Grade after considereing evidence upheld Registered Will - Collector upheld the order of Assistant Collector - Commissioner rejected the registered Will on the ground that execution of Will shrouded by suspicious circumstances and..........
Civil Procedure Code, 1908, Section 115 -- Revisional court - Scope of jurisdiction - Execution of decree pending - Objected to on the ground of having been obtained by playing fraud - Decision of such plea by revisional court - Not within the ambit of jurisdiction...........
Civil Procedure Code, 1908, Order 23, Rule 4 -- Execution - Parties can enter into settlement even in execution proceedings...........
