B is contesting an appeal in the Supreme Court against A to claim the property of C the appeal was f......

B is contesting an appeal in the Supreme Court against A to claim the property of C. the appeal was filed by A against B on 01.02.2009. During the hearing in June 2011, to support his claim B seeks to prove a ‘will’ executed by C in the year 1980. B does not have in his possession the original ‘will’ and only has a copy of it. the copy, however, is not a certified one. B also has not been able to produce any witness who could testify to the execution of the original ‘will’. The judgments of the lower courts also do not make any mention of such a ‘will’. B seeks to invoke Section 90 of the Indian Evidence Act and urges the court to presume that the signature in the ‘will’ is that of C.
Determine with reasons if the court is entitled to presume accordingly.     (10 Marks)

By: santosh