A suit for declaration of title and injunction ended in a decree in the trial court, but it was reversed in appeal and the suit was dismissed. Aggrieved by the said divergent finding rendered by the First Appellate Court, the plaintiff came up with this appeal.

2. The subject matter of the suit is pertaining to Ext.A3 Will alleged to have been left out by the deceased father on 13.09.1995. The propounder plaintiff had given oral evidence as PW1 and the scribe was examined as PW2. The dispute centers around execution of Ext.A3 Will and the non-compliance of requirement under Section 63 of Indian Succession Act on the ground that there is only one attesting witness to the Will apart from the scribe. The trial court found that there is no prohibition for the scribe to act as an attesting witness and found that the scribe affixed his signature as an attesting witness to the Will - Ext.A3 and decreed the suit. But in appeal, the appellate court found that the examination of scribe will not discharge the burden lies on the propounder to prove the due execution of Ext.A3 and consequently the decree of the trial court was reversed and the suit was dismissed.

3. In Ext.A3 Will, ther