JUDGMENT:- The present second appeal is filed by the appellants. challenging the final judgment and order dated 10th January, 2003 passed by the Extra Joint District Judge. Aurangabad in Regular Civil Appeal No 411/ 2000.

2. The background facts of the case are as under.

The present appellant filed an application for grant of letter of administration before Civil Judge. Senior Division. Aurangabad bearing MARJI No.472/1997. It is the case of the appellants that they are the legal representatives of deceased Ashokkumar and being legal representatives of deceased Ashokkumar, they have filed this application for grant of letters of administration.

3. The in-charge Joint Civil judge. Senior Division. Aurangabad by its order dated 4th July. 1998 directed to issue letter of administration in favour of petitioners. The respondent No.1 Sunita filed application for succession certificate under Indian Succession Act. claiming that she is legally wedded wife of deceased Ashokkumar. The said application was filed on 27/11/1997 before the learned Civil Judge. Senior Division. Aurangabad bearing MARJI No.480/1997. On 25/11/1999 the learned Civil Judge. Senior Division, Aurangabad pleased to pass the order in MARJI No.480/97. The said order is as under.

1. Application Exh.01 is hereby allowed as under.

2. Issue Succession Certificate in the name of petitioner Smt. Sunita W/0. Ashokkumar Raisoni and respondent No.02 Smt. Sashikalabai W/o. Dwarkadas Raisoni. empowering them to receive P.P. Rs.99444/-. Gratuity Rs.70,000/-. Salary amount Rs.5,945/-, salary for the amount of October. 1997 Rs. 1,395, and Leave encashment Rs.7,955/-, total amount Rs. 1,85.0391lying in the name of deceased in his company.

3. Pronounced in open Court.

4. On 28/9/1998 the respondent

No.1 Sunita filed application bearing MRAJI No.392/98 before the Joint Civil Judge, Senior Division, Aurangabad for revocation of order granting letter of administration in favour of appellants in MARJI No.472/97.

5. The learned Civil Judge, Senior Division, Aurangabad by its order dated 25/11/1999 pleased to reject the application bearing No.392/l998 on the ground that this Court has no jurisdiction to set aside the order passed by the Civil Judge, Senior Division, Aurangabad and further observed that in fact, it was for the petitioner to file suit for declaration.

6. The respondent No.1 Sunita, being aggrieved by the order dated 25.11.1999 passed by the Civil Judge. Senior Division, Aurangabad in MARJI No.392/1998 preferred the Regular Civil Appeal No.411/2000 before the District Judge at Aurangabad.

7. The learned Extra Joint District Judge. Aurangabad, by his order dated 10th January, 2003 in Regular Civil appeal No.411/2000 pleased to allow the said appeal and letter of administration in MARJI No.472/1997 is revoked, being not in accordance with the law. Being aggrieved by the judgment and order dated 10th January, 2003 passed by the Extra Joint District Judge, Aurangabad this second appeal is filed by the appellants.

8. Though many grounds are raised in second appeal, the learned counsel appearing for the appellants restricted his arguments to the following two grounds.

I. Whether the District Court can exercised the delegated powers afresh in Regular Civil Appeal, when it has been already exercised by Civil Judge, Senior Division?

ii. Whether the impugned order passed by the learned Extra Joint District Judge, Aurangabad in Regular Civil Appeal No.411/2000 dated 10/1/2003 is without jurisdiction?

9. According to the learned counsel appearing for the appellants, the provisions of section 264 of the Indian Succession Act, 1925 arc in respect of the jurisdiction, granting and revoking probates etc. under Part IX, Chapter IV of the Act. The learned counsel appearing for the appellants submitted that the respondents in spite of challenging the order of letter of administration passed by the learned Civil Judge, Junior Division in MARJI No.472/1997 dated 4.7.1998 before the Distr

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