Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Execution - Auction sale - Decree passed against a dead person - Composite application u/s.47 & O.21 R.90 is maintainable only if prayer is for declaring auction sale to be a nullity and in the alternative a prayer is made to set aside sale on the ground of material irregularity in publishing or in conduct of..........
Will -- Attested by one witness - Attesting witness not produced to prove execution of Will - Trial Court relying upon the evidence of scribe and registering authority - Not proper - Mere registration prima facie does not make the registering officer as an attesting witness without proving that he had put his animo attestandi in letter & spirit...........
Civil Procedure Code, 1908, Order 21, Rule 1, 2 -- Rules 1 & 2 of Order 21 are mandatory - payment made outside court - Neither certified by decree holder nor the same proved before the execution court as required by Rule 2 of Order 21 - Payment made outside the court cannot be said have been paid in satisfaction of the decree...........
Criminal Procedure Code, 1973, Section 125 -- First Proviso - Maintenance - allowed from the date of application - can be recovered if execution for recovery is filed within one year from the date of order...........
Will -- Execution - Proof - One attesting witness supported case in examination-in-chief but during cross examination he pretended to be hard hearing and was discharged as he not able to make a sensible statement - The condition of the second attesting witness deteriorated on account of old age and the witness not fit to make a statement - Scribe died but his grandson..........
Civil Procedure Code, 1908, Section 151 -- Execution Petition dismissed in default - Restoration - Execution petition can be restored by exercise of inherent powers...........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution of decree for prohibitory injunction - Mode of execution is one as laid down in sub-rule (1) and not as provided under sub-rule (5)...........
Agreement to sell -- Suit for specific performance - Plaintiff having successfully proved execution of agreement, payment of earnest money having been established there is no reason to deny relief of specific performance of agreement - Discretion to deny relief of specific performance can only be on the existence of some special circumstances envisaged under S.20 of the..........
Pronote -- If execution proved it is presumed that it is for consideration and then it is for the defendant to prove that it is without consideration. (Negotiable Instruments Act, 1881, S.118)..........
Civil Procedure Code, 1908, Order 21, Rule 24 -- Death of D.H. during pendency of execution proceedings - Succession certificate is not required by legal representatives for continuation of the proceedings. (Succession Act, 1925, S. 214)...........
