Woodroffe, J.:— This is an unusual case as the learned Judge has pointed out. It arises out of an application for Letters of Administration with copy of a Will, which is said to have been executed as far back as 1873. But we have it as a fact that the Will was registered and the execution was acknowledged before the Registrar, and an old man who gave his evidence, swears that he was the poison who identified the testator before the Registrar. He also swears that he was present at the execution of the Will though his name does act appear as a formal attesting witness on the document. It was objected that the attestation has not been proved; but I am unable to hold that it is shown in this case that this is a good objection since all the attesting witnesses are dead. I think also that section 90 of the Evidence Act does apply, though it was contended that it would not apply, and that the section was only applicable to a case where the original documents were produced.
2. Then, the third objection, which does not affect the merits of the case, was, that the grant should not have been an absolute grant but limited until the original Will was produced.
3. There is no reason to suppose on the evidence that the Will had been revoked by the testator, be the evidence is that it was made over by the testator to the father of the applicant and remained in his hands although it could not be discovered when the applicant's father died.
4. Except as to the limitation of the grant the appeal fails and is dismissed with costs.
5. The hearing fee is assessed at three gold mohurs.
Walmsley, J.:— I agree.
6. Appeal dismissed: Decree modified.