1. This petition has been filed propounding a writing dated 29.6.2011 as the last will and testimony of one Sidney Albert Anthony Pinto who died on 25.10.2011. 16 out of the 27 legal heirs listed in the petition, have filed caveat. After the caveat was filed and registered, the petition was converted into a suit under Rule 403 of the Bombay High Court (O.S) Rules. Issues were framed on 2nd March 2015. The plaintiffs filed affidavits in lieu of examination in chief of 8 persons.

2. The first witness who was cross-examined was the attesting witness Noshir Jehangir Sethna. Mr. Sethna is a partner of the law firm Wadia Ghandy & Co. During cross-examination, Mr. Sethna was confronted with the copy of the Will which was annexed to the petition and the original Will which was lodged with the Prothonotary & Senior Master. It would be useful to reproduce question nos.35 to 40, question nos.54 & 55 and the answers thereto of the evidence recorded on 2.7.2015.

“Q.35 : (Shown page 5 of Exh.P2 Green and also page 13 of Exh.B to the petition)

Would you agree that the form of the initials and their location on page 5 of Exh.P2 materially differ from those at page 13 of Exh.B to the petitio