Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Competency of advocate engaged earlier to make application for setting aside ex parte decree - Vakalatnama of advocate engaged earlier does not come to an end with execution of Vakalatnama in favour of another advocate - Both could act and plead - Advocate engaged earlier is competent to file..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Appeal - Pendency of application for condoning delay - Appellate Court, till then, is prevented from considering the application for stay of execution - Held, Executing Court can grant stay of execution in the meantime invoking the power U.O.21.R.26 CPC...........
Civil Procedure Code, 1908, Section 151 -- Execution - Property sold - Amount more than sale warrant realised - Amount deposed in Bank - Due to certain events the matter was kept pending for a considerable time - Considerable interest accrued on the amount deposited in Bank - Sale confirmed and property delivered to auction purchaser - Who is entitled to interest accrued?..........
Limitation Act, 1963, Section 5, 12 -- Execution petition - Ss.5 and 12(2) are inapplicable to an execution petition...........
Civil Procedure Code, 1908, Order 21, Rule 11(2), Civil Procedure Code, 1908, Order 20, Rule 6-A, 7, Limitation Act, 1963, Article 136 -- Execution - Limitation - Starting point - Decree becomes enforceable the moment the judgment is delivered and merely because there is delay in drawing up the decree, it cannot be said that the decree is not enforceable till it is..........
Evidence Act, 1872, Section 90 -- Document 30 years old - Computation of period of 30 years - To be computed from the date of execution of the document to the date when the document was sought to be marked in evidence...........
Transfer of Property Act, 1882, Section 54, 55(a), (b) -- Sale - Consideration amount not paid - Transferee continues to be the owner - Relinquishment deed agreed to be executed - On failure to execute and register the relinquishment deed it cannot be said that transferee is divested of his title to the property - On non execution of the relinquishment deed the only..........
Transfer of Property Act, 1882, Section 54 -- Sale - Entire consideration paid - Title will be complete only on execution of regular sale deed...........
Will -- Execution - Proof - By scribe only - One attesting witness died and the whereabouts of the other attesting witness not known - Scribe examined to prove the will - Scribe deposed to his witnessing the act of singing of the Will by executant and the attestors - Trial Court held the Will to be not proved as the propounder ought to have let in evidence by examining..........
Will -- Execution - Mental condition of testator who was old - No evidence to show that testator was so old that he could not put his thumb impression or that somebody helped him to put his thumb impression or that he was forced to put his thumb impression - Finding that Will was scribed in suspicious circumstances - Liable to be set aside - Delay in presenting Will after..........
