Civil Procedure Code, 1908, Section 47 -- Court is well within its power to find the true intention of the decree for the purpose of execution, discharge and satisfaction - Executing Court cannot go behind the decree but it does not bar the executing Court to take steps to give effect to the decree - Finding of executing Court that decree is not enforceable against..........
Will -- Sound disposing mind - The testator's age, disease and mental weakness are all important considerations in determining the soundness of the mind of the testator at the time of the execution of the Will...........
Will -- Execution - Proof - (1) The testator must have attained the age of majority and should be of sound mind (2) Testator must have the capacity to understand the effect of disposition (3) It must have been executed of free will (4) The Will should be signed or marked by the testator (5) It should be attested by at least two witnesses (6) At least one attesting witness..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Starting point -Period of limitation starts to run from the date on which appellate Court's decree was passed even if no stay of trial Court's decree was passed...........
Civil Procedure Code, 1908, Section 144, 151 -- Eviction order - Appeal - During pendency of hearing of stay application D.H. undertaking not to execute decree till hearing of stay application - J.D. dispossessed on same day in execution proceeding - J.D. ordered to be put back in possession by invoking powers under Section 151 CPC - Held, S.144 is not applicable in such..........
Civil Procedure Code, 1908, Section 51(c) -- Money decree - Execution - No demand and no refusal of payment of decretal amount - Order of arrest set aside...........
Will -- Suspicious circumstances - Beneficiary under will not able to establish circumstances under which Will was executed by her mother to the detriment of her brother with whom her mother was residing - Relations between mother and son cordial - Beneficiary not aware of Will till the death of testator even though her son was present when alleged Will was executed -..........
Civil Procedure Code, 1908, Order 41, Rule 1(3), 5(5) -- Failure to make deposit or to furnish security - Court not to grant stay of execution of money decree...........
Will -- One of the attestors an independent and unrelated witness deposing as to signing of Will by testator in hale and health state of mind - Sufficient reasons available for non-examination of another attesting witness - Testator having animosity with the adoptive son opposing the Will - Widow not given any share but supporting the Will - Evidence as to prior illness..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte ejectment order -Petitioner not to be dispossessed in execution of exparte decree till final decision on application under order 9 rule 13 CPC...........
