1. This appeal is directed against the judgment and decree passed by the learned Additional District Judge, L.A.D., Gauhati.

2. The plaintiff's case is that Anandiram Choudhuri who died a natural death on 18-4-1963 at village Jiakur in Mouza Dakhin Sarubongshar, P. S. Chhaygaon within the jurisdiction of the District Judge, L.A.D. at Gauhati, left a will dated 27-3-63. No executor was appointed by the said will and the plaintiff was the only legatee entitled to the Letters of Administration under it. He filed an application in the Court of the Subordinate Judge No. 1, L.A.D., Gauhati, praying for letters of administration. Notices were served on the relatives of the deceased and defendants Nos. 1, 2 and 3 filed an objection to the issue of letters of administration. The matter being contentious, the Subordinate Judge returned the petition for filing it in proper Court. Accordingly the plaintiff filed the petition before the District Judge impleading the three objectors as well as Mustt. Pahibala Choudhury, step mother of the deceased, as defendants. The petition before the District Judge was treated as a plaint and numbered as Probate Title Suit No. 39 of 1963. The learned District