( 1 ) THE following question of law has been referred to us for our opinion :-

"whether Sub-section (2) of Section 90-A of the Evidence Act as amended by the U. P. Civil laws (Reforms and Amendment) Act controls the operation of Section 90 (1) and (2) of the evidence Act as amended by the said U. P. Civil Laws (Reforms and Amendment) Act, 1954. "

The question arose in the following circumstances :-A certified copy of a registered will was pressed in evidence in the case and a presumption about its execution, attestation and writing was sought to be raised by reason of Section 90 (2) of the Evidence Act. The Civil Judge did not accept the plea on the ground that the provisions of section 90 were not attracted. The learned single Judge before whom the appeal came up for hearing was of the opinion that in the circumstances of the case the presumption could be raised, meaning thereby that the conditions contemplated by Section 90 of the Act were present. The other objection which was taken before learned single Judge was that because the document was the basis of the suit no presumption about its due execution could be raised by reason of sub-section (2) of Section 90-A o