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Paramasiva Udayan vs Krishna Padayachi And Anr. on 21 November, 1917

In Paramasiva Udayan v. Krishna Padayachi, ILR 41 Mad 535 : (AIR 1918 Mad 491), it was held that a scribe who described himself only as a scribe, could be an attesting witness if he saw the signing of the document by the executant and that the court could allow evidence to be let in for the purpose of showing that he was an attesting witness. Therefore, the decisive test for ascertaining whether a witness signing a document as attestor, is not one of name or designation by which the person styles himself or to the phraseology used to describe him, but the character he fills and this can be ascertined by what he does with due regard to the intention accompanying his act.
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