Even though Attestor of Will not alive, persons acquainted with signatures of Attestors can be examined - Deposition of Scribe, held, cannot be a substitute for deposition of evidence of Attesting Witness.

176

(2018) 4 MLJ 318- Madras Weekly Notes (Civil)

2019 (2) MWN (CM)

2019 (2) MWN (Civil) 176

IN THE HIGH COURT OF MADRAS

(Madurai Bench)

S.S. Sundar, J.

S.A.(MD) No.73 of 2018 & CMP.(MD) Nos. 1592 & 1593 of 2018

5.3.2018

Swarnam

.....Appellant

Vs.

Kanagammal. 2. Thankam. 3. Chellam 4. Pavazhikodi @Janei Pavazham. 5. Thinkaba ..... Respondents

EVIDENCE ACT, 1872 (1 of 1872), Sections 63 & 68 - Will Whether proved Suit for Partition- Defendants in Suit claiming - right over Suit property on basis of alleged Will executed in their favour Held, none of Attesting Witness to Will examined by Defendant Even though Attestor of Will not alive, persons acquainted with signatures of Attestors not examined to prove attestation - Deposition of Scribe, held, cannot be a substitute for deposition of evidence of Attesting Witness Non-acceptance of evidence of Scribe by Lower - Courts, upheld-Decree of Partition passed by Lower Courts after due consideration of evidence, upheld-Second Appeal filed by Defendant, dismissed.

G. Radhakrishnan, Advocate for Appellant.

(Paras 10-13)