Raj Kishore Prasad, J.

1. This appeal by opposite party 1 is under Sec.299 of the Indian Succession Act, 1925 (Act XXXIX of 1925), hereinafter referred to as "the Act", from the order of Mr. H. R. Kazimi, District Judge, Muzaffarpur, made under Sec.264 allowing the application of the respondent under Sec.263 for revocation of the Letters of Administration granted to the appellant on the 26th May, 1944 under Sec.290 of the Act by the additional District Judge of the same place in respect of an unregistered will of one Ramnarain Singh, alleged to have been executed by him on the 2nd May, 1941, before his death on the 18th November, 1942.

2. The material facts for the decision of the present appeal are as follows:

3. In village Gosainpur, otherwise called Day-anagar, there was one Udit Singh, whose widow was Most, Sohagin Kuer. They had a son Nirsu Singh. Admittedly, Nirsu had a son named Ramnaraiii Singh and a daughter. Ramnarain Singhs wife is Radha Kuer, who is respondent 2. Admittedly also, the. mother of Ramnarain Singh is Rampeyari Devi of village Beisand, who is respondent 3.

4. According to the appellant, Nirsu had a daughter Sudama who is dead and not the applicant Respondent 1, Prem Devi. The appellant alleges that Ramnarain Singh executed an unregistered will on the 2nd May, 1941 in which he provided, as will appear also from Ext. G, that after his death his grand mother, thereafter his mother Rampeyari Devi, and after her his wife Radha Kuer and after all these three ladies the appellant will get all his properties as absolute owner.

4A. Admittedly, the appellant Matukdhari is the "Chachera grandson" of Nirsu, as admitted by him in Ext. E, From the genealogical table also, which is a part of the objection (Ext. H) of Radha Kuer, widow of the testator Ramnarain Singh in the Letters of Administration proceeding, it will appear that Matukdhari Singh is the great great grandson of Mohar Thakur, own uterine brother of Bhinak Thakur, great-grandfather of Ramnarain Singh. It will further appear from Ext. E, which is an Am-Mukhtarnama executed by Nirsu Singh in favour of Matukdhari Singh on the 20th May, 1919, that he was the Am-Mukhtar of Nirsu Singh, father of Ramnarain Singh and looking after his properties.

5. According to respondent 1, Prem Devi, she was the only daughter of Nirsu, and not Sudama, as falsely alleged by the appellant, and as such she was the step-sister of Ramnarain, born of the first wife of Nirsu who came from village Malahi.

6. After the death of Ramaarain Singh on the 18th November, 1942, Matukdhari Singh made an application for grant of Letters of Administration on the 2nd January, 1943, before the Court below stating therein, as required by Section 278(1)(b) of the Act, only the names of Most, Sohagin Kuer, grandmother; Rampeyari Devi, the mother; and, Radha Kuer, widow of the testator Ram Narain Singh, Admittedly, Prem Devi; who alleges herself to be the only daughter of Nirsu and step-sister of Ramnarain Singh, the testator, was not stated amongst "the family or other relatives of the deceased", with the result that the Letters of Administration: were granted to the appellant without citing her as a party to the application for grant of Letters of Administration.

7. In the Letters of Administration proceeding, initialed on the 2nd January, 1943, by the appellant, Most. Sohagin Kuer and Rampeyari Kuer appeared on the 16th April, 1943 and filed a petition praying that Letters of Administration may be granted to the. appellant.

8. Earlier on the 30th March, 1943, Radha Kuer, the widow of the testator appeared and applied for time to file objection, which she did on the 30th April, 1943 (Ext. H). In her objection, Radha Kuer challenged the genuineness of the will on the ground that she suspected that as the appellant was in service of the testator since the time of the testators father, the appellant might have got some thumb marks on papers either during the testators unconsciousness owing to