VIPIN SANGHI, J.

( 1 ) THE issue that arises for consideration is: whether a document purporting to be an unprivileged 'will' attested by only one witness can be probated by the Court.

( 2 ) AT the very outset, it would be pertinent to note the relevant statutory provisions in this regard.

( 3 ) SECTION 2 (h) of the Indian Succession Act, 1925 (the Act) gives the definition of a 'will'. It reads as under: 2 (h) 'will' means the legal declaration ofthe intention of a testator with respect to hisproperty which he desires to be carried intoeffect after his death.

( 4 ) SECTION 63 of the Act, so far as it is relevant, reads as follows: 63. Execution of unprivileged wills.- Every testator, not being a soldier employed in an expedition or engaged in actual warfare or an airman so employed or engaged, or a mariner at sea, shall execute his will according to the following rules:- (a ). . . (b ). . . . (c) The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by direction of the testator, or has received from the testator a personal acknowledgment of his