Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9 -- Ex parte decree - Setting aside - Tracking record not conclusive proof of service of summons - Requirements of O.5.R.9 have also to be considered by Court before service of summons upon defendant is held valid...........
Will -- Proof of - Plaintiff contended that his grandmother after cancelling earlier Will in favour of defendants executed Will in his favour - However, attesting witness of Will in favour of plaintiff stated that testatrix was not in her sound state of mind at the time of execution of Will - Serious doubt arises as to why testatrix just before her death has chosen to..........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of plaintiff - Mere oral statement made by plaintiff cannot be taken as proof of his financial capacity, in the absence of any documentary evidence in the shape of any account book, pass book, statement of accounts, any other negotiable instrument or any income tax record...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff is required to prove his financial capacity to pay and absence of cross examination as regards his financial capacity would not lead to its proof...........
Agreement to sell -- Specific performance - Readiness and willingness - Issuance of notice calling upon vendor to execute sale deed and appearing before Sub-Registrar on the target date and obtaining an affidavit in this regard - Not proof of readiness and willingness on the part of vendee...........
Will -- Proof of - No condition in S.63 of Succession Act, of affixing signature by attesting witness on direction of testator, much less as a mandatory requirement has been held to be necessary to make Will admissible in evidence...........
Will -- Proof of - Registered Will carries presumption of correctness that document is validly executed - If defendants have questioned the Will on the ground of fraud, it is for them to adduce convincing evidence to rebut said presumption...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Mere abusive, humiliating or defamative words by itself cannot attract an offence u/s 294(b) IPC and there must be a further proof to establish that it was to the annoyance of others...........
Will -- Proof of - One small factual error which does not affect validity of a registered Will, not sufficient to discard registered Will, particularly when brother of testator has appeared in evidence and supported case of propounder of Will...........
Will -- Proof of - Thumb mark of testator exists after written part of Will comes to an end - Both the attesting witnesses of Will have successfully withstood searching questions put by counsel representing plaintiff during cross-examination - Testator appeared before Registrar at the time of registration of Will - Photographs of testator along with witnesses and..........
