Evidence Act, 1872, Section 71 -- Will - Proof of - Mere preponderance of probability regarding the due execution and attestation with all necessary mental element would be sufficient to discharge the initial onus on the propounder when the matter is brought under the purview of S.71 of the Act...........
Will -- Proof of - Testator admittedly committed suicide within hours of alleged execution of Will, which would show the extent of mental impairment and imbalance at the time when the alleged Will was executed - Will discarded on that ground...........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- Execution - Provisions of O.22.Rr.3,4 & 8 CPC do not apply to execution proceedings - If after filing of execution petition in time, either D.H. or J.D. dies and his legal representatives are not brought on record then there is no abatement of execution petition and execution petition remains pending - If no time..........
Will -- Suspicious circumstance - Mere exclusion or disheritance of a natural heir, not a suspicious circumstance, as very purpose of execution of a Will is to divert from line of natural succession...........
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..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Will - Plaintiff by way of additional evidence sought to summon thumb impression register from office of Sub-Registrar - However, plaintiff failed to prove the sound disposing state of mind of testatrix at the time of execution of Will and suspicious circumstances surrounding..........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application filed U.O.9.R.13 CPC - Stay application be heard and decided on merits prior to execution of warrants of possession so that defendant is able to prima facie put forth his case before being dispossessed in execution of..........
Negotiable Instruments Act, 1881, Section 4, 118(a) -- Pronote - Signature of defendant on pronote established by handwriting expert - No contrary evidence led by defendant to disprove his signature on pronote - Even, execution of pronote established by plaintiff by examining deed writer - Non-examination of witness to pronote cannot be held against plaintiff - No rebuttal..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery on basis of pronote - Whether plaintiff has proved execution of pronote and receipt by leading cogent evidence, can be said to be a question of fact - It cannot be said to be question of law much less substantial question of law - High Court thus, committed a serious error in upsetting concurrent..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Sale was to be completed within a period of six months from date of execution of agreement - Plaintiff had called upon defendant to perform his part of contract by issuing notices within six months of said agreement - However, defendant having failed to respond to any of said notices, it was..........