JUDGMENT

Anil Kshetarpal, J. - The regular second appeal in the States of Punjab, Haryana and Union Territory, Chandigarh, is governed by Section 41 of the Punjab Courts Act, 1918 and not by Section 100 of the Code of Civil Procedure (hereinafter referred to as 'CPC'), as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs v. Chandrika and Others (2016) 6 SCC 157.

2. While assailing the judgment passed by the First Appellate Court, the defendants have filed the present appeal. The trial Court dismissed the plaintiff's suit (respondent herein), whereas, the First Appellate Court, while reversing the judgment and decree passed by the trial Court, has decreed the suit.

3. The following issues arise for consideration:-

i) If both the attesting witnesses are dead, whether the Will stands proved, if the propounder of the Will duly proves the signatures of one of the attesting witnesses?

ii) If there is no other evidence led by the parties to prove the signatures of the testator on the registered Will, whether the Court, in accordance with Section 73 of the Indian Evidence Act, 1872 (hereinafter referred to as 'the 1872 Act') is empowered to compare the signatures