JUDGMENT

White, J. - This is an appeal against a decision of the District Judge of Sylhet, dismissing an application of the appellant upon a preliminary ground and without going into the evidence.

2. The appellant's application is contained in a petition which states that Gunga Gobind Misser died on the 9th November 1877, having previously made his will on the 31st July 1877. The testator is alleged to have bequeathed by that will all his moveable and Immovable properties to the petitioner, who is a sapinda and kinsman to the testator, and also to the testator's widow and two daughters. The petition further alleges that the will is in the possession of Sarbamangala Debi, the widow. The petition was accompanied by a copy of the will, but of course not by the will itself. The application was two fold: first, praying that the original will should be called for from Sarbamangala Debi; and secondly, that letters of administration under the Act should be granted to the petitioner.

3. The petitioner claims, indeed, to be only one of the residuary legatees beneficially entitled to the testator's estate. But, supposing the will not to have been revoked by the testator, and that the will is eit