Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution of decree sought by assignees - Non-issuance of notice to original DH - Assignees not only purchased the property but they also holding deed of assignment of decree - They held, entitled to file execution petition - Non-issuance of notice to original DH, would not render the execution petition not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution of decree sought by assignees - Application for issuing of notice to original DH - Notice was issued by Court to JD but not to original DH - JD filed their objections, but fact remains that execution application not decided yet in either way - Assignees preferred an application of issuance of notice to original DH..........
Civil Procedure Code, 1908, Section 47, 21 -- Execution - Objection as to territorial jurisdiction of Court passing the decree - Such an objection does not lie before executing Court...........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Presumption - Execution of promissory note proved by plaintiff with the help of attesting witness - Legal presumption u/s 118 of the Act attracted - Defendant has not brought any circumstance to rebut said presumption - By mere denial of signatures on promissory note, one cannot succeed in rebutting legal..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of order of Supreme Court - Execution petition to execute final award passed by Arbitrator was already filed regarding said order - It is for the petitioner to work out his remedy - When regular execution petition is pending, it cannot be said that respondent has intentionally violated the order -..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Veracity/correctness of documents not to be seen at the stage of filing application u/s 65 of the Act which is to be seen at the time of leading secondary evidence - Only evidence with regard to existence of documents ought to be seen by Court and not the execution of the same...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Issuance of warrants - Property in question already attached - There is no reason to issue warrants of arrest by taking recourse to O.21.R.37 CPC...........
Agreement to sell -- Specific performance - Sale deed was not executed on the date fixed between parties - Plea of extension of date for execution of sale deed is rejected by Courts below on the basis of material on record - Suit held, barred by limitation being filed after period of limitation, thus rightly dismissed...........
Transfer of Property Act, 1882, Section 58, 54 -- Mortgage - Sale deed - Validity - Mortgage deed was executed by original owner in favour of defendants - Attesting witnesses of mortgage deed proved execution of mortgage deed in accordance with law - Since original owner was not in a position to repay the mortgage deed amount, sale was executed and said fact is mentioned..........
Evidence Act, 1872, Section 90 -- 30 years old document - Sale deed - Presumption u/s 90 of the Act - Original sale deed was tendered only at stage of rebuttal - No such sale deed was produced in affirmative evidence - It was not a case of leading secondary evidence by plaintiffs - Presumption does not apply to copy or certified copy even though 30 years old - If due..........
