R.S.A. No. 691 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 691 of 2008 (O & M) Date of decision:-09.12.2011 Bhim Singh and others ...Appelants Versus Rattan Bai and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Harpinder Singh, Advocate for the appellants. Mr. S.K. Chauhan, Advocate for the respondents. RITU BAHRI J.(Oral) C.M. No.4036-C of 2011 Application is allowed and the delay of 23 days in filing the appeal is hereby condoned. R.S.A. No.691 of 2008 This is plaintiffs' appeal under Section 100 of The Code of Civil Procedure, 1908 challenging the concurrent findings of fact recorded by both the Courts below holding the Will dated 08.10.1997 (Ex.D1) executed by Smt. Bhagwati- respondent/defendant is a valid and genuine document. The suit of the plaintiffs has been dismissed. Smt. Bhagwati was wife of deceased Shimbhu. As per R.S.A. No. 691 of 2008 -2- documents Ex.D1 to D19 she has been shown as wife of deceased Shimbhu and she is in receipt of old age pension as wife of Shimbhu. After the death of Shimbhu mutation No.1652 was sanctioned in favour of Bhagwati. The defendant successfully proved the genuineness of the Will by producing Hand Writing and Finger Print Expert (DW11) to prove the thumb impression of Smt. Bhagwati on the Will. The attested witness namely Randhir Singh (DW8) and Badle Ram (DW9) stated that the deed writer after scribing the Will read over the same to Smt. Bhagwati, who after reading the Will had put her thumb impressions. The witnesses thereafter attested the same. The Hand Writing Expert (DW11) appeared and proved the thumb impressions of Smt. Bhagwati. The scribe of the Will appeared as DW1. The Will was a registered document. After hearing counsel for the parties I am of the view that the Will has been duly proved in accordance with the provisions of Section 68 of the Indian Evidence Act, 1872 and Section 63(c) of the Indian Succession Act, 1925. No question of law arises for admission of this appeal. Accordingly, the Regular Second Appeal fails and the same is dismissed. December 09, 2011 ( RITU BAHRI ) Vijay Asija JUDGE