JUDGMENT - 1. The appellant and the respondents are brothers and are the sons of Sir Raghunathrao Shankarrao Gandekar, the former Raja of Bhor. The appellant had filed an application in the District Court at Poona being Misc. Application No. 310 of 1963 for Letters of Administration to the estate of the said deceased Raja of Bhor. This application was dismissed for default on 11th January 1967. Thereafter, on 25th March 1967 the appellant filed another application being Miscellaneous Application No. 116 of 1967 in the same Court. By this application the appellant applied for Letters of Administration in respect of the property of the said Raja of Bhor mentioned in the Schedule annexed to the application, and in the alternative prayed that if the said application was held to be not maintainable, then the original application No. 310 of 1963 should be restored to the file and the delay in making the application for restoration should be condoned. This application was transferred for hearing to the Court of the learned Civil Judge, Senior Division, Poona and renumbered as Miscellaneous Application No. 285 of 1967.

2. The learned Civil Judge held that this application, being a second ap

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