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signed above his name (Praveen Kumar) while the other Ashok
Kumar Gupta signed in the left side of rubber stamp of his
name. The rubber stamp even does not disclose about his
address or enrollment number. One original document Ex. PW-
1/3 (conveyance deed) was also filed by the petitioner. This
document also bears the signature and stamp of Ashok Kumar
Gupta on the last page. During his cross-examination the
photocopy of the same conveyance deed was put to Sh. Ashok
Kumar Gupta/ PW-5 and it was exhibited as Ex. PW-4/2, to
which he answered that he had drafted, typed and attested this
document. This document was put to him to check his veracity
to his claim that whatever document is drafted by him, the
document bears his name duly typed and the document which
he does not drafted and merely signs as a attesting witness,
bears rubber stamp of his name. He claimed so during his
cross-examination dated 09.06.2017, when a specific question
was put to him that "How do you distinguish a document
drafted by you from a document drafted by somebody else?"
When we compare document Ex. PW-4/2 with Will Ex. PW-
1/1 then signatures of PW-5 on document Ex. PW-4/2 at point
A appears to be made in the same fashion as at point C on the
Will Ex. PW-1/1. Admittedly, the document Ex. PW-4/2 was
drafted and typed by him. The document Ex. PW-4/2 also bears
Shanta Rani Vs. Govt. Of NCT of Delhi & Ors.
signatures and details of attesting witnesses namely Praveen
Kumar and Kamal Arora on its last page at the specified place.
The rubber stamp and signature of Ashok Kumar Gupta on this
document is also on the last page but not at the place of
witnesses but below the names and signatures of the attesting
witnesses after leaving some gap. When the document was
already attested by two witnesses then three witnesses were not
required to attest the document, so apart from the admission of
Ashok Kumar Gupta that he signed this document in the
capacity of drafter, on the basis of this observation also it can
safely be concluded that document Ex. PW-4/2 was stamped
and signed by Ashok Kumar Gupta in the capacity of its drafter.
On the Will in question in the present case, the last page of the
Will shows serial no. 1 & 2 at the space where the word
'witness' has been written. However, the space against both the
serial numbers has been filled with the details and signatures of
only single witness i.e. Praveen Kumar. The stamp and
signatures of Ashok Kumar Gupta/ PW5 are at bottom of the
last page below the details of the first witness after leaving the
similar gap as in the document Ex. PW-4/2. It is also the case
of Ashok Kumar Gupta/ PW-5 that he had never met the
testatrix prior to the date of execution of the Will i.e.
25.03.1997. It is also admitted position of PW-5 that he was
Shanta Rani Vs. Govt. Of NCT of Delhi & Ors.