Will -- Mere presence of beneficiary at the time of execution of Will - Not sufficient to hold that Will got executed by undue influence...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 89, 90, 91 -- Material irregularity in conduct of sale in execution proceedings - Non service, non affixture of sale proclamation and sale not by beat of drums are merely material irregularities in the conduct of sale - Do not affect the Courts jurisdiction or renders the sale void - Such objections to be raised in..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Failure of decree-holder to get order of substitution - Relates to procedure and not a question of jurisdiction -Judgment-debtor acquiesced in executing Court exercising jurisdiction -Cannot later on turn round and challenge execution proceedings -Money-decree transferred to different Court for execution - Decree-holder..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 92(3) -- Sale in execution contrary to provisions of S.22(3) of Orissa Land Reforms Act - No objection by J.D. and no application for setting aside sale - Suit for declaration of title barred as constructive res-judicata applies...........
Civil Procedure Code, 1908, Section 115.47(2), 96, 2(2), Order 21, Rule 22 -- Execution sale challenged for non issuance of notice U/O.21.R.22 CPC but none of the grounds alleged were either anterior or subsequent to the publishing or conducting of the sale, question outside the perview of S.47 and court justified in refusing to treat the suit as a proceeding u/s 47 CPC -..........
Transfer of Property Act, 1882, Section 53 -- Alienation during pendency of execution proceedings by judgment-debtor in favour of so, i, law - A sham transaction in order to defeat interests of creditors (judgment-holders) - Cannot be held to be genuine alienation - Civil Procedure Code (5 of 1908), Order 21 Rule 63...........
Civil Procedure Code, 1908, Order 22, Rule 11, 4 -- Abatement - Creditor's (decree-holder's) appeal in a suit under Order 21 Rule 63 filed by objectors - Death of respondent (judgment-debtor) - Judgment-debtor never filed any objection petition or claim in execution Court - Not necessary to bring his legal representatives on record - Appeal does not abate...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Decree assigned - Execution by decree holder and assignee - Compromise by decree holder with judgment debtor - Remedy of assignee will be by way of a regular suit and not in execution proceedings...........
Civil Procedure Code, 1908, Section 100 -- Finding as to the execution of a document that a person did not executed it, is a finding of fact - Cannot be interfered in second appeal...........
Civil Procedure Code, 1908, Section 47 -- Objection as to inherent jurisdiction of the Court to pass a decree can be raised in an execution proceedings provided the objection appears on the face of the record...........
