Promissory note -- Mere admission of signature or thumb impression - Does not amount to the admission of execution of the promissory note...........
Promissory note -- Plaintiff is to prove execution - On proof of execution, onus shifts to the defendant to prove that consideration did not pass, (Negotiable Instruments Act, 1881, S.118)...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - During pendency of suit one G obtained a sale deed in his favour of a part of the suit property in execution of aex parte decree obtained by him against the defendant - Held, G is a necessary party - Allowed to be impleaded as a part in the suit...........
Civil Procedure Code, 1908, Order 20, Rule 11(2) -- Execution - Decreetal amount allowed to be paid in installments - no occasion for the executing Court to fix installments - Even the installments not paid - Order set aside...........
Transfer of Property Act, 1882, Section 2, 5, 44 -- Suit for possession after eviction - Appellant in occupation of the disputed house both in part performance of agreement to sell executed by two of the three brothers as well as under a transfer effected in execution of a decree - Transfer through Court is covered by Cl.(d) of S.2 of the Act - Operation of S.44 stands..........
Civil Procedure Code, 1908, Section 47 -- Decree which is nullity can be challenged even at the execution stage...........
Constitution of India, 1950, Article 226 -- Execution proceedings - Application under Section 47 CPC of judgment debtor rejected - Revision against - -Order of Execution Court confirmed - Two orders challenged in one writ petition - No illegality - Writ petition is maintainable...........
Will -- Produced after 17 years of its execution for obtaining letters of administration - By itself not a suspicious circumstance...........
Civil Procedure Code, 1908, Section 47 -- Execution-Objection petition-Framing of issues-When question of fact involved issues to be framed and parties be allowed to lead evidence...........
Will -- Mere proof of execution of Will or proving genuineness of testator's thumb impression by itself is not sufficient to establish validity of Will unless suspicious circumstances are satisfactorily explained to the conscience of the Court...........
