Due execution of a will must be affirmatively proved; suspicious circumstances and weak corroboration can defeat probate.

In a will dispute, the propounder must affirmatively prove due execution, and the evidence must be reliable enough to remove suspicious circumstances surrounding the document. The attesting and supporting testimony was examined with caution; the principal witness was disbelieved, corroboration from available witnesses was lacking, and important attesting witnesses were not called. The surrounding circumstances and the manner of production further undermined the alleged execution. On that record, the trial judge's credibility assessment was not disturbed, the will was held not proved, and the propounder failed to discharge the burden of proof.

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Issues: Whether the alleged will was proved to have been duly executed by or on behalf of the testatrix.

Analysis: The attesting and supporting evidence was scrutinised with caution because the propounder bore the burden of proving execution. The testimony of the principal witness was not accepted by the trial court, and there were material circumstances casting doubt on the alleged execution, including the absence of reliable corroboration from available witnesses, the failure to call important attesting witnesses, and other suspicious circumstances surrounding the document and its production. The provision permitting cross-examination of a witness by the party calling him was noted in the context of the hostile witness issue, but the decisive question remained whether execution had in fact been established. On the whole record, the trial judge's appreciation of credibility was held not to warrant disturbance.

Conclusion: The alleged will was not proved, and the propounder failed to discharge the burden of establishing its due execution.

Final Conclusion: The appeals succeeded, the High Court decrees were set aside, and the District Judge's decrees were restored.

Ratio Decidendi: In a will case, the propounder must affirmatively prove due execution, and where the evidence of execution is not trustworthy and surrounding circumstances create suspicion, the will cannot be accepted as proved.

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