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In the body of the will it is mentioned that it had been executed and completed in the presence of the marginal witnesses and the testator had thumb-marked it in the presence of those witnesses who had also signed in his presence and that the testator was blind and he had affixed the thumb-impression of his left hand. Muni Lal P.W. 3 and Ragho Ram P.W. 4 deposed that the will had not been executed by the testator in their presence nor did the testator acknowledge its execution or thumb-mark it in their presence.

It is apparent from what the learned Judge has said about these witnesses that they had been won over by the plaintiffs and were not telling the truth. Amar Singh, however, who was examined on commission clearly stated that he affixed his signatures on the will in the presence of the testator and the latter had acknowledged before him that he had executed and thumb-marked the will. The Sub-Registrar appeared as D.W. 2 and stated that the will in question had been produced before him for registration on 2nd August, 1944 and its contents were read over to Gurditta Mal by him.

The learned trial Judge considered that the aforesaid evidence together with the evidence given by the defendants, Baldev Sahai and Ram Sahai, was sufficient to prove that Gurditta Mal had duly executed the will and thumb-marked it. He also proceeded to treat the evidence given by the Sub-Registrar and the endorsements made by him on the will as sufficient coupled with the evidence of the other attesting witness, Amar Singh, to satisfy the requirements of Section 63 of the Indian Succession Act. . It is this view in particular which has been assailed before us by the learned counsel for the appellants.

Muni Lal P.W. 3 and Ragho Ram P.W. 4 who were two other attesting witnesses had, as observed before, stated that they signed the will at their houses. D.Ws. 10 and 11, the defendants, appeared as their own witnesses and stated that the will was thumb-marked on every page in the presence of the attesting witnesses who attested the same in the presence of the testator. Their statements are supported by what is recited in the will itself with regard to the presence of the attesting witnesses and the testator having thumb-marked it in their presence and their having signed the will in the presence of the testator.