Civil Procedure Code, 1908, Section 47 -- Money decree - Execution - Objection by transferee of J.D. -Property sold in auction and sale confirmed - Objection, not tenable as objector was transferee of J.D. and thus bound by money decree...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35, 26 -- Suit for declaration - Execution - In execution thereof, warrant for possession cannot be issued by executing Court - Application for delivery of possession - Liable to be dismissed...........
Evidence Act, 1872, Section 67, 16, 101 -- illiterate person - Execution of document - Protection available to a pardanashin lady is equally available to illiterate person - Burden of proof of agreement of sale executed by an illiterate person is on person in whose favour it is executed...........
Will -- Testator was in sound mental and physical position at the time of making will - Execution, attestation and safe custody of Will duly proved - Bequest made in favour of wife (propounder) by safeguarding interest of children - Not unnatural - Held, minor discrepancies in evidence of witnesses having no bearing on execution and attestation of Will would not be..........
Will -- Execution - Proof - One attesting witness a Sarpanch and the second a member of Block Samiti - Scribe & attesting witnesses deposing that testator executed Will during his life time and the Will was read over and explained to the executant and who after admitting correct put his signature in presence of attesting witnesses and then witnesses attested the Will in..........
Limitation Act, 1963, Article 136 -- An alternate mode of executing the decree can be sought for, in a pending execution, even after the expiry of 12 years from the decree...........
Will -- Registered - Execution - When will presented by the testator himself for registration and there is an endorsement to this effect then there is a presumption of proper execution under Section 58 read with Section 60 of the Registration Act. (Registration Act, 1908, Ss.58, 60)..........
Will -- Execution - Will registered - One attesting witness examined - Other attesting witness not examined- Validity of Will challenged on ground that other attesting witness to the Will not examined - There was nothing to show that attesting witness examined was interested witness - Challenge to validity of Will negatived...........
Will -- Testator not keeping good health at the time of execution of Will -No evidence on record to show that testator was not having disposing state of mind at time of execution of Will - Held, will is properly executed...........
Civil Procedure Code, 1908, Section 144 -- Power to order restitution is given to the Court of first instance - Exparte eviction decree - In execution landlord taking possession - In appeal by tenant challenging exparte decree. Appellate Court setting aside decree and also ordering restitution of premises - Held, Appellate Court not right in ordering restitution - It could..........
