Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - D.H. dispossessed by defendant after getting possession of land in suit for declaration of title - Remedy lies to press into service for second execution with police for restoration of possession - Law of criminal trespass is another aid for protection in appropriate criminal proceedings against defendants..........
Will -- Sound state of mind - Conduct of testator disposing of another item of property for consideration after execution of Will is a proof of his having a sound disposing mind...........
Will -- Proof - Law does not insist upon examination of both the attestors in proof of execution of the Will although attestation by at least two witnesses is compulsory...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Maintainability of suit - Preliminary issue - Suit for declaration challenging decree - Plaintiff party to previous suit - Objections to execution of decree filed by him also dismissed - There is not illegality to treat issue of maintainability as preliminary issue...........
Will -- Scribe - Mere fact that scribe is disbelieved in one or two cases will not render his testimony inadmissible or untrustworthy in evidence - Due execution of Will depends upon proved circumstances in each case...........
Will -- Registration - Mere registration of a document does not prove its execution - Scribe and registration clerk did not know witnesses or testator personally - Will not duly proved...........
Civil Procedure Code, 1908, Order 21, Limitation Act, 1963, Article 136 -- Execution - Limitation - Starting point - Whether from date of decree or when decree becomes enforceable - Matter referred to a larger bench...........
Evidence Act, 1872, Section 35 -- Secondary evidence - Can only be allowed when existence, execution and loss of a document is proved - Without any evidence having been led on the question of existence, execution and loss of the document, it would not be fair and reasonable to conclude that no such document was ever executed - An opportunity be provided to prove the..........
Limitation Act, 1963, Article 136 -- Code of Civil Procedure, 1908, Order 20, Rule 7 & Order 21 - Execution of Decree - Period of Limitation - Starting Point - Whether starts running from the date of Decree or when the decree becomes enforceable - Matter referred to Larger Bench...........
Succession Act, 1925, Section 63 -- Registered Will - Proof of Execution - Mere registration of the Will does not prove its execution - Without examination of attesting witness, simply on the statement of scribe & registration clerk, execution of Will cannot be proved - Evidence Act, 1872, Sections 67 & 68...........
