R. N. MISRA, J.

( 1 ) DEFENDANTS 1 and 2 have challenged the decision of the learned District judge of Cuttack granting Letters of Administration with a copy of the Will annexed in favour of the plaintiff. During the pendency of the appeal, defendant no. 1 appellant died and her name has been deleted without any substitution by order No. 14 dated 28-11-1974. The sole plaintiff-respondent having died, his legal representatives have been brought on record as respondents.

( 2 ) ONE Panu Khuntia had two sons Damei and Nidhi. Damei's grandson is madhusudan (defendant No. 2 ). Nidhi had a daughter Malli (defendant No. 1)and two sons Radhashyam and Balakrishna. Radhashyam's widow Kamala was the testatrix. Balakrishna pre-deceased Radhashyam leaving behind a daughter shakuntala. Radhashyam died in 1964 while living separate from his brother. Malli had married away. Kamala was in her late thirties when she became a widow. Birakishore (P. W. 1) and Natabar (plaintiff) are first cousins. The testatrix got involved in certain litigations and the two cousins looked after the same. Natabar became a God-brother of Kamala and started looking after the properties of Kamala. Natabar applied for Le