Will - both attesting witness died sranger (Pw3) was - examined - the witness who deposed evidence must identify the signature of attesting witnesses and also the signature of the executant -- PW3 lack knowledge about execution of Will - plaintiff have not complied with provision suit dismissed.

MADRAS HIGH COURT

2024 (3) TLNJ 437 (Civil)

THE HONOURABLE MR. JUSTICE N.SESHASAYEE

S.A.No.807 of 2022

DATE: 07.06.2024

Sriram

...Plaintiff / Appellant / Appellant

...Vs...

Ramalingam 2. Purushothaman

...Defendants / Respondents / Respondents 

Civil Procedure Code, 1908, Order 18 Rule 4 attesting witnesses died proof - Act, 1872, Section 69. - - Will See Indian Evidence -

Will Proof - See Indian Evidence Act, 1872, Section 69. Indian Evidence Act, 1872, Section 69 - Will - burden of proof - both attesting witness died sranger (Pw3) was - examined well settled principle of law, two aspects to - be established - viz, the witness who deposed evidence must identify the signature of attesting witnesses and also the signature of the executant found therein - held PW3 lack knowledge about execution of Will plaintiff - have not complied with provision of the said section suit dismissed court below. - Second Appeal confirmed the findings -