Will -- Due execution - Merely because testatrix died within a month after execution of Will is by itself not sufficient to infer that, she was not in sound health and disposing state of mind at the time of execution of Will...........
Will -- Due execution - Attesting witnesses have proved its due execution - There is no evidence to suggest that any fraud was played in its execution - If a Will appears on the face of it to have been duly executed and attested in accordance with the requirements of statute, a presumption of its due execution and attestation applies - Deposition of witnesses that..........
Will -- Due execution - Will was prepared as per instruction of Testatrix - Attesting witnesses deposed that testatrix had a meeting with them about 10-15 days before execution of Will, where she had expressed her intention to execute Will - It cannot be said that due execution of Will was vitiated on account of any active part played by beneficiary - Will proved -..........
Agreement to sell -- Specific performance - In a suit for specific performance, plaintiff must not only prove execution of a valid agreement but also establish her continuous readiness and willingness to perform her part of contract...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Filing of draft document i.e sale deed along with execution petition is not mandatory but merely directory - However, if decree holder chooses to file a draft document, either initially or at a later stage of execution proceedings, Court shall follow procedure U.O.21.R.34 CPC -..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - O.41.R.5 CPC empowers appellate Court to impose conditions for staying execution of decree of trial Court...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Attachment of property of JD - Objection by JD - Property of JDs attached for satisfaction of decree - Contention of JDs that executing Court could satisfy the decree from the security furnished to trial Court during trial is not tenable because said security is not sufficient for satisfaction of decree -..........
Civil Procedure Code, 1908, Section 39 -- Execution - Court which passed decree is entitled to execute decree...........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4 -- Abatement - Execution - Provisions of O.22.Rr.3, 4 CPC do not apply to execution proceedings - There would be no abatement of execution proceeding, as no limitation has been prescribed for substitution of JDs - JDs can be brought on record at any stage of proceeding and if any time frame is provided by executing Court..........
Motor Vehicles Act, 1988, Section 166, Limitation Act, 1963, Section 6 -- Accident - Claim petition - Condonation of delay in filing appeal by minor on attaining majority - Provision of S.6 of the Act applies only with respect to a suit or an application for execution of a decree and not to an appeal or any other proceedings...........
