AIR 1976 MADRAS 4 ::(1975) 2 MadLJ155 ::1988 MadLW 518

Madras High Court

Hon'ble Judge(s): Ismail , J

Evidence Act (1 of 1872) , S.68— Execution and attestation of document specifically denied - Examination of scribe is not enough - Must be proved by at least one attesting witness. The language of Section 68 is clear and categorical and therefore once the execution, of the document is denied by the alleged executant, the document cannot be admitted in evidence, unless one attesting witness at least has been called for proving the execution of the document, if alive, and subject to process of the court.(Para 5) The attesting witness must subscribe his signature with the intention that it should be complete attestation of the document and if this animo attestandi is not present the giving of evidence by scribe as to his having writs ten the document cannot be a valid attestation.