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41. However, the deposition of Mr. Pandey is of great significance as he has in unequivocal terms deposed that Will was executed in his presence and the testator and both the attesting witnesses signed in the presence of each other at the same time and in his presence. Nothing has been brought in the cross-examination to create doubt any suspicion as to the truthfulness of the testimony of any of the witnesses or of Sh. Pandey. Both of them have also deposed that testator was in sound mind.

42. Another material document is the general power of attorney executed by Smt. Parwati Devi in favor of Sh. Bal Kishan, the beneficiary under the Will. This document is DW 2/A. This is also registered document and it was registered on the same date as the Will. One of the testifying witnesses of the Will is also the witness who was present at the time of registration of this document. Both the witnesses of the Will are witnesses of this document also. This general power of attorney was also drafted by Sh. S.P. Pandey, Advocate and it is so stated in the document at the end. By means of these documents, Smt. Parwati Devi had appointed Sh. Bal Kishan as her attorney only to manage, control and supervise the suit property and nothing more.

43. Fact that Pt. Mam Chand, one of the attesting witnesses was very much known to Smt. Parwati Devi and to her family is a circumstances which goes in favor of proper execution of the Will rather against it. It shows that the identity of the person concerned who has executed the Will is not in doubt and the attesting witness has subscribed to the Will at the instance of the testator.

44. Again the fact that Pt. Mam chand was known to Sh. Bal Kishan is no ground for rejecting his testimony as interestedness is not a circumstance for disbelieving the witness. Unless and until, the credibility of the witness is shaken or marred by way of cross-examination, every witness has to be believed. In normal course of thing, a person who desires to execute a Will would like to go to a known person or an Advocate for getting such a sensitive document drafted.