1. A Will produced and exhibited as Ext.B6 as that of one Padmalakshmy is under challenge mainly on the competency of attesting witnesses - PW2 and DW2.

2. Both the witnesses though admitted their respective signature in Ext.B6, both of them admitted that they had no prior acquaintance with the testatrix and they could not say the identity of the testatrix except the fact that two women came for the purpose of execution of Ext.B6 Will. Divergent findings were rendered by the trial court by dismissing the suit and by the First Appellate Court by granting a preliminary decree for partition.

3. The question came up for consideration is :

In the case of a Will or Codicil, is it necessary that the attesting witness must be the person having prior acquaintance with the testator/testatrix and must be in a position to identify the testator/testatrix, if not, whether it would be sufficient compliance of requirement as mandated under Section 63 of the Indian Succession Act ?

4. Clause (b) of Section 63 of Indian Succession Act, 1955 (for short the Act) is extracted below for reference :

“(b)The signature or mark of the testator, or the signature of the person signing for him, shall be s