Will -- Proof of - Plaintiff has not filed original Will and has only filed its certified copy - No reason furnished by plaintiff as to why original Will was not produced by him in trial Court - Plaintiff was bound to prove original Will and if that was lost, destroyed or was not in his possession, only then plaintiff could have filed certified copy of Will but that was..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Original petition is for divorce involving lives of both the parties and causing grave consequences - It ought to be decided on merits rather than ex-parte - Ex parte decree, set aside solely on said ground subject to payment of costs of Rs.2000 to be paid to husband by..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Auction sale - Mere registration of a deed, if procured in consequence of a sale which was void for want of compliance with O.21 CPC, cannot retroactively confer validity on proceedings which were statutorily defective ab initio - Law does not permit procedural ratification to be manufactured by subsequent events when..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Time to fulfill contract to execute sale deed not mentioned in agreement to sell - Though original date of agreement is 22.08.1994, plaintiff approached defendant nos. 1 to 3 demanding them to execute sale deed on 09.06.2003 and same was denied by defendants, suit was filed on 26.06.2003 -..........
Custody of child -- Writ of habeas Corpus - Cannot be used only for mere enforcement of direction given by foreign Court and same is one of facts to be considered and extra ordinary power of writ of habeas Corpus can be availed in exceptional cases where detention of a child by parent or others is found to be illegal and without any authority of law and where original..........
Evidence Act, 1872, Section 65(c) -- Secondary evidence - Xerox copy of original cheque - Original cheque is lost - Xerox copy of original cheque can be received as a secondary evidence, as S.65(c) of the Act permits admissibility of secondary evidence, if original document is lost...........
Evidence Act, 1872, Section 63(2), (3), 65(c) -- Secondary evidence - Xerox copy of original cheque - Trial Court itself received original cheque, verified the same and returned to petitioner on the same date, on retaining xerox copy of same - Trial Court thus, only after due enquiry, satisfaction and comparison had returned the original cheque to petitioner after..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - If original document exists and is available, it must be produced because it is best evidence - However, if original is lost or destroyed, detained by opponent, or third person, who does not produce it before Court or physically irrecoverable, secondary evidence is admissible...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had never executed sale deed in first place as it was proved that it was not her thumb impression that was affixed therein - She had not received sale consideration - In such circumstances and in absence of sale consideration being tendered, sale..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power and scope of review jurisdiction Viz: (i) Ground of discovery of new and important matter or evidence is a ground available if it is demonstrated that, despite exercise of due diligence, this evidence was not within their knowledge or could not be produced by party at the time, original decree or..........
