NARAYAN, J.

1. This is a Letters Patent Appeal against an order of Ramaswami J. passed in Testamentary Case No. 1 of 1954, by which he refused to recall his order dated 22-1-1954, under which order he . had appointed the Administrator-General, Bihar, as administrator pendente lite. The facts are briefly as follows. One Janki Dai Gayawalin died on 7-9-1953 leaving certain valuable properties, and after her death Damodar Upadhya and Dwarka Upadhya, who will be referred to in this judgment as the Upadhyas, filed a suit in the Court of the Subordinate Judge of Gaya for declaration of their title with regard to the properties left by the deceased, and this suit was instituted against Gobind Lal Nakphopha and Shyam Lal Nakphopha who had propounded a will alleged to have been executed by Janki Dai on 6-9-1953. The Upadhyas claimed to be nearest reversionary heirs of Janki Dais husband, and a dispute arose between them and the Nakphophas. There was a proceeding under S. 144, Criminal P. C, in which the notice was ultimately made absolute against the Upadhyas. On 13-1-1954 the Administrator-General of Bihar filed an application in this Court for the grant of letters of administratio