Civil Procedure Code, 1908, Order 13, Rule 1, 2 -- Documentary evidence - Admission in evidence - Plaintiff has denied its execution - Refusal to give exhibit mark by trial Court - Proper - However, as per experts opinion, signature on document tallied with admitted signature of plaintiff - If document properly stamped - Not required to be registered - Mode of Proof - Only..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Payments made during pendency of suit and/or execution proceedings - Adjustment - Provision of O.21.R.97 CPC cannot be invoked to make such an application...........
Consumer Protection Act, 1986, Section 25 -- Execution of order - Due to failure on the part of the complainant to respond within the stipulated period OPs have taken certain positive steps, which include refund of the amount of the consideration of the complainant - This would have decisive effect in the entertainment of the application seeking execution of the award as..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution of eviction decree - Prospective allottee filed objections - Dismissed - No Locus standi - Improper...........
Civil Procedure Code, 1908, Section 2(11), Order 21, Rule 32 -- Legal representative - Definition - Includes persons actually intermeddling with property of deceased - Execution of compromise decree - Objection - No claim of professing not representative of Estate of deceased - Cannot be held as intermeddler - Not bound by compromise decree...........
Civil Procedure Code, 1908, Section 2(11), Order 21, Rule 22 -- Legal representatives - Decree - Legal representative - Includes inter madder and person professing with property - Execution of compromise decree - Objection - Objectors not claiming or professing to represent estate of deceased judgment-debtors - Cannot be held as intermeddler - Not bound by compromise..........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Article 127, 136 -- Execution proceeding - Setting aside of auction sale sought - Limitation - Sale was conducted on 20th Aug. 1982 after following procedure prescribed - Sale having taken place and objection having been filed by judgment debtor, sale being avoidable, Art.127 would apply and not Art. 136..........
Agreement to sell -- Suit for specific performance - Execution of agreement proved by witnesses in whose presence defendant thumb marked agreement and received consideration - Sale deed executed by defendant in favour of persons other than plaintiff a sham document as no consideration was paid - Other persons also not bona fide purchasers as they had notice of agreement to..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Proof of Will - Proof of carbon copy of Will by secondary evidence as original alleged to be destroyed by opposite party - Carbon copy not bearing signatures of testator and attesting witnesses - Cannot be considered as true copy of original - Secondary evidence can be allowed only when original is proved to have..........
Will -- Suspicious circumstances - Original will not produced - Carbon copy of will produced but not wearing signatures of testator and attesting witnesses - One of attesting witness examined but he was unable to say who other attesting witness was and whether he was present at time of execution of Will - Entire property bequeathed in favour of son through deceased first..........
