In this Second Appeal, the substantial question of law that arises for consideration mainly relates to proof of Will dated 28.12.1963 said to have been executed by one Krishnaji Annaji Bhasme. Both the attestors and the scribe of the Will being dead, the plaintiff chose to examine the son of the scribe as P.W.3 and another witness acquainted with the handwriting of the testator as P.W.4. Since according to the defendants who have preferred this appeal, the evidence of P.Ws. 3 and 4 does not meet the requirement of Section 69 of the Indian Evidence Act, 1872 (‘the Act’, for brevity) the substantial question of law framed at the time of admission is as follows :-

“Whether the evidence of P.W.3 and P.W.4 can be brought within the scope of Section 69 of the Evidence Act in proof of the Will?”

2. Before dealing with this question, a brief reference may be made to the pleadings :-

One Annappa Bhasme had five sons namely Ramachandra, Krishnaji, Bhimrao, Srinivasarao and Naryanarao. They belonged to Namadev Shimpi caste. Annappa Bhasme possessed properties, one of which being 4 acres 6 guntas of land in Sy. No. 646 of Machche village adjoining BelagaviKhanapur road. In this land the