( 1 ) THIS appeal is directed against a judgment and order of Mallick, J. , dated August 26, 1964, discharging a rule obtained by the appellant under Article 226 of the Constitution. The application in which the Rule Nisi was issued was an offshoot of litigation among the members of the family of one Srish Chandra Paul who died in 1930, leaving him surviving his widow, four daughters and four sons one or whom died during the mother's lifetime. The appellant is the youngest daughter of the said deceased. The widow executed a deed of gift in 1946 in favour of her three sons. She later instituted a suit in this Court being Suit No. 1045 of 1957 for cancellation of the deed of gift and for partition of the estate left by her deceased husband. She died in 1958 after having executed a will whereby she bequeathed her entire estate to the appellant and her youngest son, to the exclusion of her two other sons and the other daughters. The appellant was substituted in place of the deceased widow as the plaintiff in the said suit and she also applied in February, 1960, for grant of Letters of Administration in respect of the will of her deceased mother. This application for Le