Limitation Act, 1963, Section 5 -- Delay - Condonation - Sufficient cause - Summons not duly served - Summons report also not made available to Court till date appellants were proceeded ex parte - Hence they could not get knowledge as to pendency of suit till date of execution of warrant of possession - Plaintiff also played fraud in obtaining ex parte decree - Held, in..........
Evidence Act, 1872, Section 64, 114 -- Execution of a document - Mere putting of signatures does not amount to execution of document - The intention of the person signing is important - The person should have affixed the signature to the instrument in token of an intention to be bound by its conditions...........
Evidence Act, 1872, Section 101, 102 -- Defendant denying execution of agreement stating that he had signed only in a blank paper and stamp paper - Burden of proof is upon the person who wants to get relief in the suit - Plaintiff has to adduce evidence to show that the document was properly executed - If the plaintiff is able to discharge his burden sufficiently, then..........
Evidence Act, 1872, Section 101, 114 -- Signature on blank paper - Burden of proof - If evidence led by plaintiff regarding execution of document is found to be reliable and if plaintiff is able to discharge his burden sufficiently, then onus will shift on the defendant to show that he had not executed the document...........
Agreement to sell -- Suit for specific performance - Ready and willing to perform - Plaintiff proved execution of document - It can be inferred that he had also paid the amount - It is not necessary for plaintiff to prove further that he was in possession of money and more so, when there was evidence that he was ready and willing to perform his part of the contract...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - At execution stage - Claim of possession sought by way of amendment of plaint at the execution stage of a decree for specific performance - Relief of possession can be granted even at the execution stage though not claimed by the vendee during the pendency of the suit as the relief of possession flows..........
Evidence Act, 1872, Section 114, Evidence Act, 1872, Section 114 -- Mere putting of signature does not amount to admission of the execution of the document - When a person says that he put the signature on a blank paper that does not mean that he has admitted execution of the document - Burden to prove execution of a document is on the plaintiff...........
Limitation Act, 1963, Article 136 -- Decree - Execution - Limitation - Time barred appeal - Dismissed - Does not amount to a decree - Period of 12 years starts to run from the date of passing of the decree by the lower Court and not from the date of dismissal of the time barred appeal...........
Will -- Testator residing in his own village - In the normal circumstances the will should have been executed at his village - Will executed at the village of his brother-in-law in favour of sons of his sister - Held, to be a suspicious circumstance surrounding execution of will...........
Civil Procedure Code, 1908, Section 47, Order 22, Rule 10 -- Execution - Impleading of New Managing Partner of D.H. firm in execution - Allowed...........
