P. C. MISRA, J.

( 1 ) THE plaintiff in O. S. No. 3 of 1971 of the Court of the District Judge, Cuttack is the appellant in this appeal. The plaintiff-appellant prayed for grant of letters of Administration in respect of an unregistered will dated 21-1-1968 said to have been executed by his paternal uncle Basudeb Misra (hereinafter referred to as 'testator' ). The learned District Judge on a consideration of the evidence on record came to hold that the will (Ex. 1) was not executed and attested on the date, time and place and in the manner as alleged by the plaintiff. Some suspicious circumstances surrounding the will having not been explained by the plaintiff, the learned Court below ultimately held that the will is not genuine. Consequently, the prayer of the plaintiff for grant of letters of Administration was refused by the learned Court.

( 2 ) THE plaintiffs case is that one Gopal Charan Misra had two sons namely Banchhanidhi and Basudeb. Banchhanidhi has got two sons and five daughters. Plaintiff is one of the sons and one Urmila is one of the daughters of Banchhanidhi. The first wife of Basudeb having died he married the defendant Prafullita Misra for the second time about