Case: Illachi Devi(D) By Lrs.  Vs. Jain Socty,Protectn.Oforphans India &amp;Ors

3. The facts giving rise to this appeal are these:One Ratan Lal executed a Will on 15.10.1977 bequeathing a part of his estate to Jain Bal Ashram which is run by the Jain Society (hereinafter referred to as) formed for protection of orphans in India. The Society is registered under the Societies Registration Act, 1860. On 4th March, 1978, Ratan Lal, the testator died. On his demise, the Society submitted an application before the Court for grant of Letter of Administration in pursuance of Will executed by late Ratan Lal, under Section 276 of the Act. The said petition was contested by the appellant and on her death by her legal representatives, on the ground that the petition filed by theis not maintainable in view of Section 236 of the Act. The High Court being of the view that it is permissible under Section 236 of the Act to grant Letter of Administration in favour of the Society, rejected the objection of the appellant and, it is in this way, the appellants are before us by means of a special leave petition.

Reasoning: 20. The High Court has sustained its judgment on the ground that Sections 223 and 236 of the Act disqualify only those persons who suffer from legal incapacity of suing or being used. According to the High Court, since the Society can sue as well as be sued in representative capacity, it can be entrusted with the responsibility of carrying out the wishes of the testator. The High Court was of the further view that the purpose of a Will in a favour of a voluntary organization or association, may be frustrated unless it is held that grant of Letter of Administration to the Society through a person nominated by it would be valid. We find ourselves unable to countenance the aforesaid view of the High Court. The mere fact of registration of a Society under the Societies Registration Act will not make the said Society distinct from association of persons. Sections 223 and 236 of the Act in very categorical term provide that association of persons; be it a society, a partnership or other forms of associations, Letter of Administration can be granted only to a company fulfilling the conditions laid down under the Rules. The Rules have been framed by thein Council, which, after the enforcement of Constitution of India, would be a law within the meaning of Article 372 of the Constitution of India. Sections 223 and 236 of the Act would be interpreted in the light of the Rules framed in terms thereof. A society registered under the Societies Registration Act is not awithin the meaning ofas provided in the Act and the Rules. In terms of Sections 223 and 236, amust be aregistered under the Companies Act. We are, therefore, of the considered opinion that neither the provisions of the Act nor the Rules framed thereunder contemplate that the Societies registered under the Societies Registration Act would qualify to be considered as a company for the purpose of Sections 223 and 236.21. A Society registered under the Societies Registration Act is not aas is the case in respect of a company registered under the Companies Act. In that view of the matter, a Society registered under the Societies Registration Act is not a juristic person. The law for the purpose of grant of a probate or Letter of Administration recognises only a juristric persons and not mere conglomeration of persons or a body which does not have any statutory recognition as a juristic person.A bare perusal thereof would show that a society registered under the Societies Registration Act asfrom a company registered under the Company Act cannot sue in its own name. It is to be sued in the name of the president, chairman, or principal secretary or trustees as shall be determined by the rules and regulations of the society or in the name of such person as shall be appointed by the Governing Body for the occasion in default of such determination. It is, therefore, not correct to contend that it is capable of suing or being sued in its own name.We are further constrained to state that reliance upon the law of England is misplaced, since in that country, a probate may lawfully be granted to a company or to an association of persons, without the imposition of any condition. The application of British law, to Sections 223 and 236 of the Act, is therefore uncalled for. While it is true that a society registered under the Societies Registration Act does not suffer technically from all of the legal disabilities as the other prohibited classes of persons, as stipulated by Sections 223 and 226 of the Act, such as minors and persons of unsound mind that by itself would not lead one to the conclusion that such a society would be a juristic person. Even assuming that registered societies could sue in their own name, that would not be enough to satisfy the requirement of having a complete and unassailable legal identity. By way of illustration, a Hindu Undivided Family, a partnership firm, or even a sole proprietary concern can sue or be used in its own name, by virtue of the provisions contained in the Code of Civil Procedure, 1908. Nonetheless, that of its own accord, would not sufficiently establish that such entities have cured themselves of all the legal disabilities which bring them within the express prohibitions imposed by other statutes.It is well settled principles of law that a plain meaninged to the Statute. Also, a statute must be construed according to the intention of the legislature. The golden rule of interpretation of a statute is that it has to be given its literal and natural meaning. The intention of the legislature must be found out from the language employed in the statute itself.Keeping in view the legislative policy we are of the opinion that the High Court was not correct in its view that an Administration can be granted in favour of a society registered under Act 21 of 1860.48. The apprehension of the High Court that in a case of this nature, in the event, a Letter of Administration is not granted in favour of the beneficiary society, the purport of the Will will be frustrated is not wholly correct and for grant of Letter of Administration what is necessary is that the person duly authorised by the Society in accordance with the law may file such an application.49. Furthermore, the validity of the Sections 223 and 236 of the Act is not in question. So long the said provisions are not declared unconstitutional, the sameed to hold their field.50. We may state that, as noticed hereinbefore, in terms of rules framed by the States under the Societies Registration Act, a society may sue or may be sued through its President or Secretary or in absence of any specific provisions in that behalf, any person authorised by the Society.