Evidence Act, 1872, Section 63 -- Secondary evidence - Registered Will - Certified copy produced - Loss of original - Not required to be proved in absolute terms - Once the copy of the same is proved by the witnesses and from the entries in the Registrar's Office, execution of the document stood primarily proved and the evidence of the applicant should not be disbelieved..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Objections by stranger - Objection that the property mentioned in the warrants of possession is not the subject matter of the decree and that objector is owner in possession in his independent capacity - Held, Executing Court is bound to determine and adjudicate such objections...........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 99, 103 -- Execution - Objections by stranger - A person in possession has a right to obstruct execution of warrant of possession if he was not a party to the decree - R.97(1) is comprehensive enough to include judgment debtor and any person claiming through him and even person claiming independently, may be even..........
Evidence Act, 1872, Section 45, 47, 73 -- Signatures - Genuineness - Comparison by Court - Court should not decide the dispute on basis of its own comparison of disputed signatures with admitted one, unaided by expert evidence and evidence of attesting witness to execution of promissory note...........
Pronote -- Execution - Death of person who is alleged to have executed the document - Denial of passing of consideration - Attesting witness turning hostile - Court, relying upon its own comparison of disputed signatures with admitted one unaided by expert evidence, coming to conclusion that signature is genuine and on basis of such finding decreeing suit - Decree is not..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Pecuniary jurisdiction - Original valuation of the suit governs the jurisdiction of executing Court - It is not at all necessary to put fresh valuation...........
Civil Procedure Code, 1908, Section 73 -- Rateable distribution - A person who has merely obtained an attachment before judgment cannot put up a claim for Rateable distribution unless he has obtained a decree and has also made an application for execution...........
Limitation Act, 1963, Article 136 -- Decree for specific performance - Execution for possession - Can be filed within 12 years of execution of sale deed more so when decree itself provided its execution after execution of sale deed...........
Will -- Suspicious circumstances - Where the execution of Will is surrounded by suspicious circumstances, it is for the propounder to dispel those suspicious circumstances and satisfy the conscience of the Court that there was reason for the testator to prefer the propounder and exclude others...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Execution - Objections - Property purchased after passing of the decree - Person who transferred the property to the objector had prima facie no title to the property on the date of execution of the sale deed - Objections that objector was not party to the suit..........
