JUDGMENT

Henry Richards, C.J. - The facts connected with this appeal are as follows : It is alleged that one Sanwalia died intestate. The property left by him is said to be only a house in a village. One Parman applied for letters of administration to the estate of the deceased and obtained an order on the 18th of September, 1914. The order was in the following terms:

Read application from the abovenamed petitioner, dated the 18th of August, 1914, requesting that letters of administration to the estate of Sanwalia, deceased, may be granted to him under Act V of 1881. Valued at Rs. 400. Order - This case has been uncontested. I grant letters of administration to Parman applicant for the estate of his deceased nephew, Sanwalia; provided that if the valuation of the house made by the Collector exceeds the amount stated in the application the deficiency in foes shall be recovered.

2. It appears that later on the same clay one Nek Ram came into court, with the result that the learned judge passed the following order:

After passing the above ex parte order a petition has this day been filed. I cancel the above order and frame the following issue. "Is Parman the uncle and heir of the deceased