Section 63 -- Indian Evidence Act, 1872 (1 of 1872), Section 68 -- Proof of Will -- Attesting witness – Non-examination of -- One can appreciate that the plaintiff would not have been able to get defendant depose in his/her favour but it remains unexplained as to why the plaintiff could not examine the other attesting witness -- Testimony of the scribe cannot be substituted for testimony of an attesting witness – Court find no reason differ with concurrent finding that, plaintiff is unable to prove the genuineness of the Will.

(P&H HC) Decided on: 17.09.2020