Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- recalling of witness - Affidavits of witnesses tendered in evidence - Witnesses cross examined - Affidavits not signed by witnesses - Application for summoning witnesses to append signatures on affidavits - Opposed - Affidavits duly attested by Oath Commissioner - Witness signed register of Oath Commissioner -..........
Will -- Mistake in name of village of one of the attesting witness - Not a ground to hold that witness had not attested the Will - Once Will is proved to have been executed in his presence, the mistake in the village at the hands of scribe is not sufficient to discard the Will...........
Will -- If a Will appears on the face of it to have been duly executed and attested in accordance with the requirements of the Statute, a presumption of due execution and attestation applies...........
Succession Act, 1925, Section 63, 68 -- Will - Attesting witnesses - Will attested by two witnesses, one of the attesting witness also scribed the Will - No requirement in law that a scribe cannot be an attesting witness - For attestation, intention to attest is required - Requirement of attestation of Will by two witnesses in the presence of testator fully met...........
Will -- Suspicious circumstance - Mere fact that Will is attested by father-in-law of a beneficiary, cannot be termed as a suspicious circumstance...........
Punjab Land Revenue Act, 1887, Section 123 -- Private Partition, attestation of - Not necessary for the parties to get family / private partition attested by Assistant Collector u/s 123 - Family partition proved should be made basis of mode of partition so that its terms are honoured at the time of adjudication of partition applications...........
Will -- Proof - It has to be proved that Will was signed by the testator, that he was at the relevant time in sound disposing state of mind, that he understood the nature and effect of disposition and had put his signature to the testament of his own free Will and that he had signed it in the presence of two witnesses who attested in his presence and in the presence of..........
Will -- Execution - Proof - Propounder has to show that the Will was signed by the testator and that he put his signatures to the testament of his own free will and that at the relevant time he was in a sound disposing state of mind and understood the nature and effect of the dispositions and that the testator signed in the presence of two witnesses and attested it in his..........
Will -- Execution - Proof - Propounder of Will proved that Will was signed by testator and that at the time of execution of Will he had a sound disposing state of mind and that he had reasons to exclude the plaintiffs who did not care for him in his old age - Testator before signing read the Will and signed in presence of attesting witnesses and witnesses had attested in..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - Dismissal of on ground that only uncertified copy of decree sheet attested by Advocate filed and not the certified copy - The certified copy filed only after expiry of limitation - Held that as per the proviso, filing of certified copy is not sine qua non - As an attested copy was filed along with appeal, therefore,..........
