This is an appeal under Section 299 of the Indian Succession Act. It has been filed against the judgment dated 23-6-1997 passed by the learned Additional District Judge, Nagaon in Title Suit No. 19/1995.

2. It is alleged that a will was left by one Suryamal Hazarika and the beneficiary of that will was the present appellant Rabindra Nath Hazarika. He filed an application before the learned District Judge at Nagaon for grant of Letters of Administration and in that case he did not make the heirs of late Suryamal Hazarika, party and accordingly the Letters of Administration was issued ex parte. Thereafter, the daughter of late Suryamal Hazarika filed an application for revocation of Letters of Administration issued by the Court that has registered as Misc (J) case No. 92 of 1992, that was allowed and the Letters of Administration which was granted earlier was revoked. Thereafter the present application was proceeded before the learned District Judge at Nagaon for grant of Letters of Administration. In this application in Paragraph 2 a statement was made that no other class I legal heir of the testator is living now, though at that point of time the daughter was living. But i