N.L.Untwalia, J.

1. This application in revision is directed against an order dated 23-7-1965 of the court below dismissing the petitioners application under Sec.263 of the Indian Succession Act hereinafter called the Act, on the ground that the application for revocation of the Letters of Administration granted to the Opposite Party was premature and hence not maintainable. The relevant facts as stated in the order under revision are these. There was one Most. Tapeshwari, wife of Inderjit Rai, who died issueless on 13th February, 1957. But before her death she is said to have executed a will in favour of Sheo Pujan Rai, opposite party in the civil revision, on 1-4-1955. Sheo Pujan Rai filed an application on 16-12-59 for the grant of the Probate of the will. This was registered as Probate case No. 82 of 59. On 25-1-1961, as it appears. Probate was not granted but Letters of Administration were granted in the terms-

"Let the Letters of Administration be granted to the applicant with copy of the will annexed on his executing a bond of Rs. 14,000/-."

The draft security bond was not filed and in the meantime Revocation case No. 26 of 1961 was filed by the petitioner on 28-4-19