Civil Procedure Code, 1908, Section 47, Indian Contract Act, 1872, Section 128 -- Execution - Objection by Surety - JD/surety who suffered a joint and several decree cannot stop execution of decree against him until creditor has exhausted his remedy against principal debtor or other JDs - She does not have a right to dictates terms to DH as how he should pursue his..........
Limitation Act, 1963, Article 136 -- Execution of compromise decree - Limitation - Limitation period commences only with the decree becoming enforceable and capable of being executed and period of 12 years is computable from such date...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Defendant seeking permission to prove certified copy of Registered Will by way of secondary evidence - Defendant pleaded loss of original Will - Plaintiff admitted execution of Will though it was alleged to be result of fraud and misrepresentation - It was only the proof of Will which was the subject matter in the Will..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Suit and execution proceedings referred to in O.21.R.29 CPC should simultaneously be pending before very same Court and not before two different Courts which are not of co-ordinate jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Provision U.O.21.R.29 CPC would apply only if suit is instituted prior to execution proceedings and in the event of execution proceedings have already been instituted, mere institution of suit subsequently and its pendency cannot be made basis to invoke O.21.R.29 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Issuance of warrants - Warrant of possession was issued 11 years after passing of decree - JD did not opt to file any objection/reply to petition for execution of decree - Argument raised by JD that issuance of warrant of possession was without providing opportunity of being heard to JD is..........
Will -- Attestation - As per Will and evidence of one of the attesting witness he signed the Will two days prior to execution of Will - Other attesting witness not examined - Will not proved - No probate thus can be granted...........
Limitation Act, 1963, Article 97, Hindu Succession Act, 1956, Section 22 -- Limitation - Preferential right of heir to acquire property - Suit for declaration and possession - Sale deed being challenged by plaintiff executed in favour of defendant no.1 - Limitation is to be taken as one year from date of execution of registered sale deed - Suit filed after one year from..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Decree for declaration and permanent injunction - Plaintiff filed the suit on basis of earlier judgment and decree of 1982 in which title of plaintiff was declared - Non-filing of execution proceedings qua said decree of 1982, defendants do not ipso facto become owners of suit property and same does not debar..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property - Deed of gift followed by a declaration, within seven days of the execution of gift deed, signed by both the parties that transferee would look after the food, daily needs and medical requirements of transferor - Declaration/undertaking should be taken as continuation..........
