Hon’ble Sunil Ambwani, J.—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 he 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 the 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