JUDGMENT

Henry Richards, C.J. - This appeal arises out of a suit brought by the plaintiff for a declaration that certain property was not liable to be sold under, a decree. The plaintiff's case was that the property had already been transferred by gift. In support of this contention the plaintiff adduced in evidence a deed of gift. A witness was produced who is a marginal witness. On cross-examination, however, he admitted that when he signed his name all the other parties had already, signed. It is contended on behalf of the defendant-appellant that this deed cannot be said to be proved, having regard to the provisions of Section 123 of Act IV of, 1882, We may mention here that the point was not taken in either the first Court or in the lower Appellate Court. Section 123 of the Transfer of Property Act no doubt provides that a gift of Immovable property must be effected by a registered instrument signed by the donor and attested by at least two witnesses. Section 68 of the Evidence Act provides that where a document is required by law to be attested, one at least of the attesting witnesses must be called; The argument is that there was no proof that the deed was attested by two wit