( 1 ) BY this appeal the appellant Malati has assailed the judgment and order of the learned trial Judge whereby and whereunder appellant's application for grant of letters of administration as well as that of one Basanti Bagchi since deceased, under Section 278 of the Indian succession Act, 1925 have been dismissed. During pendency of the application of basanti she died and in her place and stead one Jayanti Sanyal was substituted. The said Jayanti Sanyal's heirs and legal representatives, did not prefer any appeal against this judgment. As such, the question in this appeal is as to whether the learned trial judge has dismissed the application of the appellant rightly or wrongly.

( 2 ) THE case before he learned trial Judge made out by the appellant in her separate application was that she was an adopted daughter of one Tripti Roy Chowdhury, since deceased. On the death of Tripti. as her adopted daughter, Malati had become the sole heiress and legal representative of all her estate and effects. The said Basanti was the sister of Tripti Roy Chowdhury's husband, bimalakanta Roy Chowdhury who predeceased her. The said Roy Chowdhury couple was issueless and at the