...to the attestation of the will by examining any one who is familiar with the signature or the handwriting of the attesting witnesses. Sec. 69 of the Evidence Act has laid....2. Section 69 of the Evidence Act requires the person to prove that the signature of the executor is in his handwriting and the defendant has let in evidence by examining DW 2 that the executor...that when both the attestors have died, the will can be proved only by letting in evidence to prove the hand writing of the testator. In this case, the defendant has Act let in any evidence with regard...

...the statutory mandate under Sec.63(c) of Indian Succession Act and Sec.69 of Indian Evidence Act. Further contention of Defendants is that Courts below ought to have see.... Sec.69 of Indian Evidence Act relaxes strict proof of execution and attestation as required in Sec.68 of the Act. In the case of a Will if the attesting witness cannot...upon supposition that it was executed. Signature of executant may be proved under Sec.69 of Indian Evidence Act by a contemporaneous admission. When both attesting witnesses...

...finds that the usufructuary mortgage-bond is not proved because the evidence is not in conformity with the requirements of sec. 59 of the Transfer of Property Act and sec. 69 of ...Transfer of Property Act came into force and under sec. 2, cl. (c) the Act had no application. There is no other law...turn of worship is not an interst in immoveable property. See Ishan chandra Roy v. Monmohini Dassi(1): sec. 59 of the Transfer...

...sec. 69 of the Evidence Act.5. The question therefore will have to be considered by us apart from what the learned Subordinate Judge has said in his judgment on the subject...exhausted.”7. As we have already stated, that proposition of law cannot be challenged at this date. In order that sec. 69 of the Indian Evidence Act may be...even after all the processes under Or. 16, r. 10 which the Court considered to be fit and proper had been exhausted that the foundation will be laid for the application of sec. 69 of the Indian Evidence ...

...defect in the proof of the document under sec. 69 of the Evidence Act. Does the admission in Ex. II cure this defect? Defendant No. 2 claims under a purchase from Basant who...-debtor is debarred by sec. 64, C.P.C, from making any private transfer of any interest in the property after attachment. But for the acknowledgment the lien on the property attached would have expired...

...legally established, as required by sec. 59 of the Transfer of Property Act and by sec. 68 of the Evidence Act, which read with sec. 69 shows that an attesting ...the meaning of sec. 59 of the Tranfer of Property Act and sec. 68 of the Evidence Act. According to the general policy of our law, a signature includes a mark—See the...General Clauses Acts of 1887 and 1897 (Act I of 1887, sec. 3, clause 12, and Act X of 1897, sec. 3, clause 52), Act XIV of 1882, sec. 2 and Act III of 1877, sec...

...either legally or physically, the Plaintiff can avail himself of the provisions of sec. 69 of the Indian Evidence Act.I think, therefore, that the procedure followed by the Court of Appeal...provisions of sec. 68 of the Indian Evidence Act. In this view of the case the Munsif dismissed the Plaintiff's suit. The document, it may be pointed out, purports to be attested by six attesting...the requirements of sec. 68 of the Indian Evidence Act, inasmuch as one of the attesting witnesses was actually summoned though he did not give evidence; and it was open...

...the case, the first appellate court was correct in not giving the appellant an opportunity to comply with Sec. 68 or 69 of the Indian Evidence Act (for short, “the Act”)?3. Respondents 2...adducing evidence under Sec. 68 or 69 of the Act.11. Having regard to the circumstances I am inclined to think that the appellant must be given an opportunity to adduce evidence in proof of...there happened to be a flaw on the part of appellant in not examining the attestors if any available and if not, proving the Will as provided under Sec. 69 of the Act. The learned counsel has prayed for...

...Sec.69 of the Indian Evidence Act to apply, it is imperative that the original Will is confronted to the witness. So far as the present case is concerned, notwithstanding the examination of PW3, there...is no formal proof of Ext.A1 even for the purposes of Sec.69 of the Indian Evidence Act. 9.3 This apart, the suit is premature since during the lifetime of the second...attesting witnesses to Ext.A1 in terms of Sec.69 of the Evidence Act, and hence his lack of knowledge about the execution of the Will is appreciable. However, the point is whether P.W.3 indeed has...

...1 and 2 do not comply with the requirements of Sec.69 of the Evidence Act (for short, “the Act”). In the circumstances, finding of the trial court regarding due execution and attestation of the Will...time evidence was recorded in the trial court. Sec.69 of the Act reads:“Proof where no attesting witness found - If no such attesting witness can be found, or if the document purports.... Thus the first limb of Sec.69 of the Act is complied. Then the next question is whether the second limb of Sec.69 of the Act is complied?18. Reliance is placed on the ...

...could be taken note of in view of the Sec.69 of the Indian Evidence Act, 187 r/w. Sec.60 of the Registration Act, 1908, to aid proof of due execution of the Will. 10...Court dealt with Sec.69 and held that Sec.69 of the Indian Evidence Act, is a departure from the requirement embodied in the earlier section viz., Sec. 68. The Hon'ble Apex Court on consi... situation as one where the attesting witness, though physically available, is incapable of performing the task of proving the attestation under Section 68 the ...

...accept this contention of the Learned Counsel for the defendants. Under Sec.68, 69 & 71 of the Evidence Act, a procedure is laid down with regard to admission of a will in.... Under the impugned order, the Trial Court has not stated that it can compare the disputed and admitted signature of S.T Ambekar by exercising its power under Sec.73 of the Evidence Act is erroneous. In.... Saraswathy v. P. Bhavathy Ammal and Another . AIR 1989 Kerala 228 that under Sec.68, 69 and 71 a procedure is laid down with regard to the...

... not taken any steps to prove the Will as per manner known to law as required under Sec.68 and 69 of Indian Evidence Act by examining any one of the a.... Yogalatchumy Respondent(s) PRAYER :- Second Appeal filed under Sec.100 of Civil Procedure Code, praying to set aside the decree and judgement dated 31.07.2019 in AS.No.03 of.... Subsequently, Testator died on 14.12.1993 immediately after registration of the Will. Even the evidence of D.W.1, son-in- law of Kamatchimmal/Testator admits that she was aged about 70 years at the...

...at least has been called for the purpose of proving its execution. In this case, the evidence is that the two attesting witnesses are dead. The respondents take shelter under Sec.69 of the Evidence Act, wh...witnesses are not available is taken care of by Sec.69 of the Evidence Act. In this case, the appellant himself has not challenged the execution in categoric terms. His grievance is that his father's right...accordance with law. Sec.68 of the Evidence Act provides that if a document is required by law to be attested, it shall not be used as evidence until one attesting witness...

...witnesses, the Plaintiff is bound to prove the Will in terms of Sec. 69 of the Indian Evidence Act which describes as follows: "Sec. 69 - Proof were no atte...terms of Sec. 69 of the Indian Evidence Act, the PW-3 Mr. B. Raja was examined who is the son of 2nd attesting witness namely Late. G. 12...attested and notarized thereby the Will is proved in terms of Section 69 of the Indian Evidence Act. Hence, he seeks this Court to pass a decree granting Letters of Administration in favour of the...

...requirements prescribed under Sec.68 and 69 of the Indian Evidence Act, 1872, is not fulfilled. [b] Whether the First Appellate Court is correct in holding...additional evidence than by simply marking the additional documents produced by the plaintiff and reading them into evidence? 3 The learned counsel appearing for the appellant / 3rd...

... though the plaintiff cannot comply the requirement contemplated under Sec. 68 of the Evidence Act, by examining the son of one of the attesting wit- nesses, who is c...Sec. 69 of the Evidence of Act. Hence I find no reason to reject the prayer sought by the plaintiff. Hence I conclude that the plaintiff has proved that the 14/18...accomplished his duty to prove the compatibility of the will in accordance with Sec.63(c) and its ex- ecution as per the mandate of Sec.68 of the Evidence Act, the onus will shift upon the defendant who claims...

...done, the Court below fell into an error in relying on the evidence of PW. 1 and holding that the requirements of Sec. 69(2) of the Partnership Act were satisfied. The...petitioner it was urged that the trial Court was wrong in deciding the issue on the oral evidence. Under S. 69(2), Partnership Act, no suit to enforce a right arising from a...the firm. S. 91, Evidence Act, lays down that in all cases in which any matter is required by law to be reduced to writing, no evidence shall be given in proof of such matter...

...the Will R.N.MANJULA,J. 5/6 jrs has been proved under Sec. 69 of the Indian Evidence Act. Sin.... The evidences of PW.1 and 2 and the documents available on record the petitioner has proved that the Will has been executed in terms of Sec.63(c) of the Indian Successions Act and the genuinenesses of... PRAYER: Original Petition filed for Testamentary and Intestate under Sections 222 and 276 of the Indian Succession Act of XXXIX of 1925 read with Order XXV Rule 4 of the High Court Original...

...:(i) Has not the lower appellate court overlooked Sec.69(2) of Indian Partnership Act to hold that the suit is maintainable?(ii) Can Ext.A1 statement of account, whic...justified in ordering remand when the respondent neither produced any additional evidence nor sought a remand except to meet Sec.69(2) of the Indian Partnership Act?3. The learned counsel for the app...the course of business so as to cast the liability in a suit on account, has not the lower appellate court acted contrary to sec.34 of the Indian Evidence Act in ordering remand and granting...