Evidence Act, 1872, Section 74(2), 65 -- Public documents - Deed of settlement executed by individual and registered under Registration Act is not public document - Execution of such deed is to be proved by production of deed itself in original...........
Evidence Act, 1872, Section 90 -- Documents thirty years old or more - No witness need be called to prove its execution or attestation and Court may presume that it has been signed or written by person whose signature it bears or in whose handwriting it purports to be - This presumption is available to original document and not to copy thereof - Production of certified..........
Civil Procedure Code, 1908, Order 26, Rule 10-A -- Commission - To verify genuineness of thumb impression of person who executed deed - Where party seeking same has not produced original deed evidencing execution thereof and where secondary evidence by way of certified copy of deed produced by party has not been admitted in evidence, his application for appointment of..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution sale - Only such portion or part of property of J.D. is to be sold which would satisfy the decree - Sale not in conformity with this provision is illegal...........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Appeal pending - Even if no stay of execution is granted during the course of appeal, period of limitation is to be reckoned from date of decision of appeal...........
Will -- Propounder not residing with the testator - Not a ground to doubt the genuineness of the Will - Disinheritance of other legal heirs by itself is also no ground to doubt the genuineness - Non mention of names of other legal heirs in the Will cannot be a reason to doubt the validity of the Will - It is well settled that if execution of the Will is proved, its..........
Limitation Act, 1963, Article 136 -- Execution of decree - Even if no stay granted during course of appeal - Period of limitation to be reckoned from date of Appellate Court decree - Diwan Singh's case 1997 (2) PLJ 100 Dissented - Period of limitation has to be reckoned from date of appellate decree and not from date of original decree - In view of doctrine of merger..........
Civil Procedure Code, 1908, Order 21 -- Decree passed in terms of compromise - Terms and conditions of settlement-cum-decree violated - Execution as well as contempt proceedings - Maintainable - Not correct that law does not permit continuation of both proceedings and must elect either proceeding - Contempt proceedings and execution proceedings - Two independent..........
Specific Relief Act, 1963, Section 5 -- Suit for possession claiming ownership - Source of ownership not pleaded - Subsequently Will in favour of predecessor relied upon as basis of ownership - No pleading as to execution of Will and no evidence as to age of Will available - Presumption under S.90 Evidence Act not available - Scribe, testator and marginal witnesses all..........
Maintenance -- Mohammedan wife and children - Order for maintenance and attachment of property - Third party purchaser of property has no right to intervene - If he has any right he can settle it only through appropriate proceeding when property is put to sale or sale proclamation is published - He cannot maintain objection in execution of Order of maintenance - Petitioner..........
