A Note on the Proviso to Section 68 of the Indian Evidence Act
By
Akhauri Harendra Narain Sinha
The proviso, that was added to the section by S. 2, Indian Evidence (Amendment) Act of 1926 (31 of 1926), reads as follows :
“Provided that it shall not be necessary to call an attesting witness in proof of the execution of the document, not being a will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908, unless its execution by the person by whom it purports to have been executed is specifically denied.”
The last clause of the proviso, “unless its ............ specifically denied” is not unoften interpreted to mean that it is not open to a non-executant (of the document) to deny the execution. This school of interpreters asserts that if the execution is denied by a non-executant, it is not necessary to call an attesting witness; and this interpretation finds favour with some Courts. Let us consider how far this interpretation is correct.
In the case of Kalicharan v. Suraj Bali, A. I. R. ( ....