Sheema Ali Khan, J.

1. Test Case No. 6 of 2003 was filed for issuance of letter of administration with respect to a Will executed on 17.3.1936 by one Akshaybat Mishra. The Test Suit was converted into Test Suit No. 2 of 2004.

2. The suit was filed stating therein that late Akshaybat Mishra executed his last Will and testament in his own handwriting dated 17.3.1936 at his residence Laganmani Bhawan, Lal Bagh, Kunkun Singh Lane, Patna in presence of his late wife Laganmani Kuer, his relatives and attesting witnesses namely late Kulwant Sahay, retired Judge of the Patna High Court who was at that time residing at Naya Tola, Patna and late H.N. Choubey, Principal, Government Ayurvedic College, Patna. Late Laganmani Kuer appended her signature over the Will and thereafter two other witnesses namely late Mahendra Prasad, Assistant Surgeon and late Anand Prasad, Advocate of the Patna High Court appended their signatures over the Will on 18.3.1936. The Will was presented for registration at Buxar Sub-Registry Office, Ara on 29.5.1936 and was registered on 2.6.1936. In the said application filed before this Court, it is said that late Akshaybat Mishra, son of Pandit Rajeshwar Mishr