( 1 ) THIS appeal is directed against the order dated 4-1-1979 passed by the II Addl. District Judge, bangalore, in P. and S. C. No. 57/73 granting and issuing the letters of administration to respondents-1 and 2 who were Petitioner and Respon-dent-2 in the said Petition.

( 2 ) IN the course of the judgment, the parties will be referred to as Petitioner and Respondents as arrayed in the lower Court.

( 3 ) THE Petitioner filed P. and S. C. 57/73 on 21-7-1973. The Petition was accompanied with a list showing the assets of the deceased Girisa whose sons are the Petitioner and Respondents-2, the death certificate pertaining to Girisa, the citation charges, process-fee and so on. It was not accompanied by an authenticated copy of the application and the valuation of the estate in duplicate as prescribed by Section 52 of the Karnataka Court Fees and Suits Valuation Act.

( 4 ) IN due course the enquiry took place. As, in our opinion, further details about the enquiry need not be stated for the reasons which will be stated presently, we proceed to narrate only the relevant facts.

( 5 ) ON 23-8-1978 Respondents were absent and their Counsel was also not present. The Petitio