Civil Procedure Code, 1908, Section 96, Order 20, Rule 18 -- Appeal against final decree in partition suit - Filed after delay of 12 years - Preliminary decree was passed long ago in 1971 - It was confirmed by Board of Revenue - Final decree for partition was also passed in 1971 - Appeal was preferred along with condonation application in 1983 when final decree was put to..........
Array of parties -- Held that though it is true that procedural technicalities cannot come in the way of the complainant yet the provisions of an enactment etc. providing for persons suing or being sued should be kept in mind - In case proper parties are not arrayed or unnecessary parties are impleaded the complainant may suffer difficulties not only at the time of..........
Evidence Act, 1872, Section 61 -- Document - Proof - Once the document is proved then it is not obligatory upon that party to lead further evidence to prove the contents of the document - Onus is then on the other party to lead cogent and proper evidence, documentary or otherwise to show that the contents of the document were incorrect or that they have been in possession..........
Civil Procedure Code, 1908, Section 47 -- Identity of property - Issue raised and decided in ejectment proceedings - Court cannot go behind the decree by reopening the issue in execution proceedings...........
Civil Procedure Code, 1908, Section 47 -- Exparte decree - Execution - Objections - Decree alleged to be nullity as obtained without service of summons on the objector - Held, without moving an application to set aside the exparte decree or obtaining stay of execution of decree it does not lie in the mouth of the petitioner to say that decree is a nullity in the eye of law..........
Will -- Suspicious circumstances - Due execution of the will proved by the testimony of the attesting witness - The will gives reasons for excluding plaintiff `R' who is wife of testator and other plaintiffs who were daughters of the testator - The will in favour of `S' whom the testator married - Even though the marriage was void yet there was no legal impediment in the..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Before passing order of attachment before judgment Court must be satisfied that the defendant with intent to obstruct or delay the execution of any decree that may be passed is about to dispose of the whole or any part of his property or is about to remove the whole or any part of his property..........
Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - Petition arising out of the order of the District Forum in execution petition - The revision petition held not maintainable...........
Civil Procedure Code, 1908, Section 146, Order 21, Rule 16 -- Execution - Transferee by assignment - No transfer of decree by assignment in writing or by operation of law - Property in question sold to applicant by heirs of deceased - Applicant is thus purchaser in interest and not assignee of decree - Applicant is required to file application u/s 146 - However,..........
Agreement to sell -- Suit for specific performance - Defendant denied execution of agreement and also denied receipt of earnest money - Execution of agreement and receipt of earnest money proved - Plaintiff always ready and willing to perform his part of the contract - There is absolutely no equity in favour of the defendant - If suit remained pending for about seven years..........
