Indian Succession Act, 1925–Sec. 63–Two wills of deceased–Which will be held to be proved?–Ex. P. 1 is the first will of deceased and it is found registered–Testator marked his thumb impression over it by admitting that he is unable to make his signatures–Further, it was proved–Further more, it was also proved that the draft of will was prepared–Document Ex.2 is a subsequent will which is containing the signatures of testator–Neither is was proved by defendant nor it’s writting or signatures were proved–Notary who attested the document, was also not produced in evidence–Fact of signatures over it does not seem possible–Production of draft of will Ex.P. 1 before the Court is not significant–Held, trial Court rightly decreed the suit.
