1. A Will required by law to be attested shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution if he be alive and subject to the process of Court. Does this statutory mandate apply even while the execution of the Will by the person by whom it purports to have been executed is not specifically denied or expressly admitted? This is the precise question referred to the Division Bench by the learned single Judge for consideration in these Regular Second Appeals arising out of a preliminary decree for partition.

2. The plaintiff and the defendants are siblings and the suit is for partition of the property purchased in the joint names of the plaintiff and her deceased father who has reportedly bequeathed his share, The alleged beqest was under Ext.A2 Will in favour of the plaintiff and the defendants followed by Ext.A3 Codicil allegedly executed to define a pathway to the property bequeathed. There is also a prayer for declaration of right of pathway and consequential prohibitory injunction as well as a counter claim for mandatory injunction for return of gold and almirah. The plaintiff was examined as PW1 and th