JUDGMENT : RAFIQ, J. This appeal arises out of a suit for sale on a deed of simple mortgage purporting to have been executed by two brothers, Hargobind Prasad and Bhagat Behari Lal. The first court dismissed the suit on the ground that execution had not been proved and secondly, that it had not been proved that the document had been duly attested. Of the three persons whose names had been entered on the bond as attesting witnesses one is dead, one denied having attested it and one, who is illiterate, said that he could not remember. Therefore the plaintiff produced further evidence, namely, a witness Bansi Singh, who testified to the fact that Bhagat Behari Lal had himself written out the document, that he and Hargobind Prasad had signed it and that then Bhagat Behari Lal, with the permission of the two attesting witnesses, Riazuddin and Shadi, had written their names upon the document as attesting witnesses. The court of first instance rejected this evidence and held that due attestation of the document had not been proved. On appeal the lower court held that execution was proved. It further accepted the evidence of Bansi Singh and held that due attestation was also proved and remanded the suit to the court of first instance for decision on the merits. The defendants come to this Court. The sole point raised is that the plaintiff has failed to prove due attestation, and that even Bansi Singh's evidence does not show that the deed was executed in the presence of Riazuddin and Shadi. Reading that evidence it seems to us to bear the simple meaning that the writing of the document and signing and attesting it were all carried out at one and the same time. Not a single question was put to this witness to suggest that the entry of the names of Riazuddin and Shadi was made at any time other than the time of the execution of the document. We cannot therefore hold that the court below had no evidence whereon to base its decision. The document was written out by one of the executants. It was duly registered and signed at the time of registration. The appeal fails and is dismissed with costs.