Will -- Proof of - Evidence of two attesting witnesses goes to establish that testator was capable of making Wills as per S.59 of Succession Act - Same was executed in accordance with provisions contained in S.63 of Succession Act and proof of Execution of Will was in accordance with S.68 of Evidence Act - Executor although has alleged that testator was not in sound state..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of commissioner - Dispute between parties is with regard to intention of parties behind the execution of agreement - Court cannot assist a party for collection of evidence - Fact whether suit property lie on the common path or not can be established by way of evidence and it is for plaintiff or defendant to stand..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for mandatory and permanent injunction - Plaintiff cannot claim to have prima facie case is respect of land in question only by asserting that he has become owner of land as a gift received from donor endorsed in special power of attorney - Endorsement in special power of attorney..........
Agreement to sell -- Specific performance - Plaintiff has to stand on his own legs to establish that he has made out case for grant of relief of specific performance of contract...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Plaintiff has to stand on his own legs by adducing cogent, independent and reliable evidence and he could not invoke the provision of O.26.R.9 CPC to ask Court to collect, garner or generate evidence for him...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Plaintiff has to stand on his own legs by adducing cogent, independent and reliable evidence and he could not invoke the provision of O.26.R.9 CPC to ask Court to collect, garner or generate evidence for him...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner for demarcation of suit land - Plaintiff had sought amendment in the suit on the ground that during pendency of suit certain part of suit land stood encroached by defendant - This presupposes that plaintiff was aware of his boundaries and only thereafter he levelled allegations against..........
Practice and Procedure -- Plaintiff is required to stand on his own legs...........
Practice and procedure -- Plaintiff has to stand on his legs - Plaintiff cannot take advantage of the weakness of the case of defendant...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Plaintiff failed to prove its case - Trial Court dismissed the case - Appellate Court while affirming finding of trial Court has recorded a finding that plaintiff cannot take advantage of lacuna in the case of defendant to obtain a decree in his favour as plaintiff has to stand on..........
