Civil Procedure Code, 1908, Order 21, Rule 35 -- Mortgage decree - Execution - property cannot b sold in lots unless decree specifically provides for same - Plea of J.D. as to sale of property in portion only for realisation of decree debt - Not tenable...........
Negotiable Instruments Act, 1881, Section 4, 118, Evidence Act, 1872, Section 101 -- Promissory note - Containing signature of one witness but his name not mentioned - Said witness not examined - Execution not proved - Merely because the document bears the signatures of executant it does not amount to accepting the liability in view of specific denial of execution of..........
Agreement to sell -- Suit for specific performance - Relief in terms of S.22 Specific Relief Act incidental or ancillary to main relief of specific performance and in addition thereto - Ordinarily, proceeding for final decree for partition to be initiated after execution and registration of sale deed and not vice versa...........
Specific Relief Act, 1963, Section 22 -- Specific performance of agreement/contract - Grant of relief of possession, partition etc. - (i) In order to avoid multiplicity of proceedings/litigation, plaintiff/vendee can claim a decree for possession and/or partition in a suit for specific performance. (ii) Relief of possession and/or partition in terms of Section 22(1)(a) are..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Consideration - Presumption - Promissory note alleged to be executed under coercion and not voluntary - When execution is admitted there is presumption of consideration - To disprove the presumption defendant has to bring on record such facts and circumstances, upon consideration of which Court may either believe..........
Execution of decree -- Framing of issues - Objections rejected summarily - Issue not framed - Held that where parties are alive to the matter in controversy between them the no, framing of issues is of no significance and the Court can still adjudicate on the same...........
Execution of decree -- Objections - A third party in possession of property claiming independent right can object to the execution of decree - However the objections have to be based on some valid ground...........
Will -- Execution - Proof - Initial onus is on the propounder to prove execution of Will and to remove suspicious circumstances if any - Thereafter, the onus shifts to the respondents - They have to establish their case of undue influence or coercion...........
Will -- Execution - Proof - To prove due execution of Will attesting witness must state that each of the two witnesses has seen the executor sign or affix his mark to the instrument or has seen some other person sign the instrument in his presence and by the direction of the executant - Witness should further state that each of the attesting witnesses signed the instrument..........
Will -- Execution - Proof - Testator hale and healthy and in sound state of mind at the time of execution of Will - No evidence to show exercise of any fraud or undue influence at the time of execution of Will - Will signed by attesting witnesses and scribe who were duly examined - Will duly registered - Registering Officer and identifying witnesses affixed signatures to..........
