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M.B. Ramesh (D) By Lrs vs K.M. Veeraje Urs (D) By Lrs. & Ors on 3 May, 2013

NC: 2023:KHC:20708 RSA No. 2151 of 2006 completion of the evidence on plaintiff's side. He contends that if any document is not produced, then the Court can draw adverse inference and not for delayed production. He contends, that one of the attesting witnesses who is examined as D.W.4, his evidence do not establish the due execution of the Will - Ex.D.4. Therefore, the defendant has examined the scribe of the Will as D.W.5 and Section 71 of the Evidence Act enables the party to produce other evidence to prove the Will if the testator examined is not specific as to the attestor signing in the presence of testator and the testator executing the Will in his presence. On that point he placed reliance on the decision of the Hon'ble Apex Court in the case of M.B. Ramesh (D) By LRs Vs. K.M. Veeraje Urs (D) by LRs. and others, reported in AIR 2013 SC 2088 wherein it is held as under:
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