DAS GUPTA, J. :- The question for decision in this appeal is whether the signature of ore Sarat Chandra Chattopadhyay who, apart from having written the will, saw the testator execute the will and affixed his signature in the presence of the testator is sufficient attestation within the meaning of S. 63, Succession Act. The testator Chandra Mohan Roy had in the year 1924 executed a will by which he left certain properties to his two nephews (brothers sons), Kshirode Mohan Roy and Nirode Mohan Ray and left the residue to his daughters sons. In 1926, he executed another will which is the subject-matter of the present litigation and by this will he left certain properties to Kshirode Mohan Roy and the residue to his daughters sons. Chandra Mohan Roy, the testator, disappeared shortly after the execution of this will in 1926 and has not been since heard of by the persons who are likely to hear of him if he was living. Charu Chandra Mazumdar, who is Chandra Mohans daughters son, applied for letters of administration with a copy of the will annexed and citation having issued on the brothers sons, Nirode Mohan entered caveat. The grounds on which he raised objection were that the