Provides that a document cannot be used as evidence until two witnesses at least are called to prove execution,

 2023 CLC 905

Article 79 of Q.S.O., 1984 provides that a document cannot be used as evidence until two witnesses at least are called to prove execution, however, this requirement applies only if that particular document is required by law to be attested. Article 17(2) specifies that such requirement of attestation does not apply when contrary is provided in any special law. Section 4 of the N.I.A., 1881 provides that promissory note, which is an unconditional undertaking, is only required to be signed by maker.

The N.I.A., 1881, which is a special law, does not require attestation by witnesses or provides for any bearing of attestation or non-attestation on the instrument. The combined reading of the above articles of Q.S.O., 1984 and N.I.A., 1881 makes it amply clear that neither any attestation is required on the promissory note nor there is any requirement of calling the witnesses to prove its execution.