Advocates Appeared:
A.MISHRA, B.DAGARA, B.MISHRA, M.Patra, R.K.Patra

Key Points:- The case discusses proving a registered gift deed (Ext.1) where one attesting witness (PW 4) denied execution and the other attesting witness was not examined. (!) - It holds that execution can be proved by other evidence under Section 71 once a witness denies execution, after exhausting efforts to examine other attesting witnesses. (!) - It explains that Section 68 requires calling at least one attesting witness to prove execution, with mandatory exceptions under provisos 68-71 for circumstances where witnesses are unavailable or the donor admits execution. (!) (!) - It distinguishes between cases where no witness is available versus where a witness has been called but denies or does not recollect execution, allowing proof by other evidence under Section 71. (!) (!) - The decision clarifies that examination of all attesting witnesses is not strictly necessary to prove a document; one witness’s denial can trigger proof by other evidence under Section 71. (!) - The appellate court remitted or considered opportunities to examine the remaining attesting witness where necessary to avoid prejudice to the plaintiff. (!)

What is the scope of proving a gift deed under Section 71 when an attesting witness denies execution and other witnesses are not examined?What is the proper interpretation of Section 68 and its provisos in proving execution of a document that requires attestation when one attesting witness denies execution?What are the circumstances under which execution of a gift deed can be proved by other evidence in light of Sections 68, 69, 70, and 71?