Will -- Suspicious circumstances - It would not be appropriate for Court to assume that merely because son of executant was present at time of execution and registration of the Will, executant cannot exercise his free will and volition...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Plea of petitioner is that sale being defective on account of non-deposit of 25% of auction price at the time of sale - Held, non-sustainable - Petitioners cannot now be permitted to question sale on any ground which was available for them to be challenged before date of sale -..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction petition - Plea of decree holder/tenant that no new document can be taken into account by executing Court - Boundaries of demised premises had been mentioned by decree-holders/landlord in petition for eviction which has been allowed - If site plan has been produced before executing Court in terms..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 119 days - Plea that summons were served but same mingled with other papers due to which defendant could not appear in the case - During pendency of execution proceedings, substantial amount paid - Delay condoned - Ex parte decree set..........
Will -- Proof of - Attesting witnesses of Will died - Will have to be proved in accordance with S.69 of Evidence Act - However, execution of Will was disputed - Testatrix has not mentioned names of her children - She died after a period of 4 days from date when allegedly Will was executed - Will was got registered after a period of approximately 13 years post death of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mediation - Law as to : (i) Cases involving criminal offence not fit to be referred to mediation ; (ii) case u/s 138 of NI Act can be referred to mediation if parties are interested in referring the matter for mediation; (iii) it can be done only for the limited purpose of arriving at a settlement..........
Agreement to sell -- Execution - Proof - Defendant admitted his signatures on agreement to sell - Scribe of agreement of sell proved that he had scribe the same and defendant had signed/thumb marked the same - Plaintiffs also deposed that agreement to sell was got drafted and signed/thumb marked by parties including defendant - Execution of agreement of sell is proved...........
Registration Act, 1908, Section 32 -- Sale deed - Registration - Presence of purchaser at the time of registration of sale deed - Execution of sale deed not disputed - Sale deed not falling within Ss.31, 88 and 89 of the Act - There is no necessity of presence of purchaser at the Registration Office during registration of sale deed...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Decree for possession - Once plea of collusion, fraud and fabricated settlement taken by defendant No.1 while objecting execution, has already been tested up to Supreme Court unsuccessfully, it was beyond powers of trial Court to have stayed the execution based on same plea - Impugned order of..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Death of decree holder during pendency of execution proceedings - Substitution of L.R's - Appellant is sole claimant to estate of DH on basis of Will - He thus, as LR is entitled to execute decree and to take it to its logical end - Executing Court rightly allowed appellant to execute decree...........
