Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Defendant admitted his signatures on promissory note - Evidence of PWs 1 & 2 coupled with promissory note entrenches and establishes that defendant borrowed sum of Rs.1,50,000 from plaintiff and executed promissory note - PW2 is scribe of promissory note - Promissory note is true, valid and..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Suit of plaintiff shall stand or fall on its own merits - Weakness of defendant cannot be a ground or factor for allowing the suit...........
Will -- Suspicious circumstances - Execution of Will in favour of five sons to the exclusion of sixth son - Marginal witness to the Will had deposed that all the five sons/plaintiffs were present at the time of execution of Will but sixth son/defendant was not present - However, PW3 has deposed that Will was found while cleaning the house after 5-6 months after the death..........
Will -- Suspicious circumstances - Execution of Will in favour five sons to the exclusion of sixth son - Plaintiffs filed the suit for declaration on the basis of Will after 6 years after death of father/testator on the basis of his Will - Defendant/sixth son was not aware of Will - PW1 has admitted that attesting witness/PW2 to the Will was not related to him - Will..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Second mortgage deed was not proved in accordance with provisions of Evidence Act - No entry in revenue record regarding alleged second mortgage - There were multiple litigations between parties thus, no plausible reason for plaintiff to mortgage the land with defendant - Nothing on record to prove that..........
Agreement to sell -- Specific performance - Time essence of contract - Time limit of four months fixed to perform the part of contract by both parties - Material on record clearly goes to show that within four months of stipulated time, plaintiff got issued legal notices to defendants 1 and 2 and said notices were returned with postal endorsements - However, defendants 1..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte judgment was passed without fixing a date for ex parte hearing, as such taking away rights of defendant to show reasons for non-appearance as permitted U.O.9.R.7 CPC - Ex parte judgment set aside - Matter remitted back to trial Court...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising illegal construction upon land of plaintiff - Construction of wall is already over and only finishing work remained - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Certified copy of registered Will and certified copy of orders passed by joint Collector - Defendant admitted the matter of implementation of Will Deed went upto Joint Collector in Revision proceedings under ROR Act and Joint Collector after hearing both sides directed plaintiff to get his rights decided by Civil..........
