( 1 ) WITH consent of parties, the following issues were framed as preliminary issue to be decided before framing further issues;

"whether in view of Section 236 of the indian Succession Act 1925, letters of administration can be granted of the estate of the deceased to a registered society. "

( 2 ) HEARD Shri Virendra Pal Varshney, learned counsel for the plaintiff and Shri navin Sinha, Senior Advocate for Archana varshney, heir and legal representative of smt. Muni Varshney- caveator and the widow of Cap. Jagdish Chandra Varshney, the deceased-testator, whose will dated 26. 9. 1999 is sought to be administered by the plaintiff.

( 3 ) BRIEF facts giving rise to the Suit as stated in pleadings are that Captain Jagdish chandra Varshney (the deceased), son of late shri Tej Pal Varshney, resident of 44/41 dilkusha Naya Katra, Lajpatra Rai Marg. Allahabad died on 21-12-1998 leaving behind his widow Smt. Munni Varshney and caveator Sri Gyanendra Kumar. The deceased did not leave behind him any children. Shri Varshney Sabha Prayag, registration No. 1025/1990 through its Secretary Krishna Murari Lal Gupta, son of late madan Mohan Lal Gupta, R/o 1/10. B. K. Banerjee Marg, Naya Katra. Allahab

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