Section 71 of the Evidence Act is in the nature of a safeguard to the mandatory provisions of section 68 of the Evidence Act to meet a situation where it is not possible to prove the execution of the Will by calling attesting witnesses. This Section provides that if an attesting witness denies or does not recollect the execution of the will, its execution may be proved by other evidence. Aid of section 71 can be taken only when the attesting witnesses, who have been called, deny or fail to re-collect the execution of the document to prove it by other evidence. Section 71 has no application to a case where one attesting witness, who alone had been summoned, has failed to prove the execution of the will and other attesting witnesses though are available to prove the execution of the same for the reasons best known, have not been summoned before the Court. It is clear from the language of Section 71 that if an attesting witness denies or does not re-collect execution of the document, its execution may be proved by other evidence. However, in a case where an attesting witness fails to prove the due execution of Will as required under clause (c) of Section 63 of the Succession act, it cannot be said that the Will is proved as per Section 68 of the Evidence Act. It cannot be said that if one attesting witness denies or does not re-collect the execution of the document, the execution of Will can be proved by other evidence dispensing with the evidence of other attesting witnesses. Yet, another reason as to why other available attesting witnesses should be called when the one attesting witness fails to prove due execution of the will is to avert the claim of drawing adverse inference under Section 114 illustration (g) of Evidence Act. Placing the best possible evidence before the Court of consideration is one of the cardinal principles of Indian Evidence Act. Section 71 is permissive and an enabling Section permitting a party to lead other evidence in certain circumstances, but Section 68 is not merely an enabling Section. It lays down the necessary requirements, which the Court has to observe before holding that a document is proved. Section 71 is meant to lend assistance and come to the rescue of a party who has done his best, but driven to a state of helplessness and impossibility cannot be let down without any other means of proving due execution by “other evidence” as well. At the same time section 71 cannot be read so as to absolve a party of his obligation under Section 68 read with Section 63 of the Act and liberally allow him at his will or choice to make available or not a necessary witness otherwise available and amenable to the jurisdiction of the court concerned and confer a premium upon his omission or lapse to enable him to give a go bye to the mandate of law relating to proof of execution of a Will. Submit