The Patna High Court dismissed a writ application challenging a probate order on the ground that such an Order is challengeable by appeal under Section 299 of the Indian Succession Act.
The writ application is dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CWJC No.22203 of 2013 (6) dt.05-07-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22203 of 2013
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.... .... Petitioner/s Versus 1. The State Of Bihar, Through the Secretary Law Dept., Bihar, Patna 2. Sanjay Singh Son Of Late Ishwari Nandan Singh Resident Of Village/Mohalla- Patel Nagar, Police Station- Shastri Nagar, District- Patna. Old Address Sheohar House, Kadam Kuan, Police Station- Kadamkuan, District- Patna
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Prakash Sahay For the Respondent/s : Mr. Jawahar Pd. Karn
====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
6 05-07-2016 Heard the counsel for the petitioner and the State. The petitioner has called in question the order dated 24.09.2007 passed in Probate Case no. 146 of 2006.
An Order passed in the Probate proceeding can be challenged in appeal under Section 299 of the Indian Succession Act. This is also the objection of the respondents. The writ court in such circumstance would be justified in refusing to grant indulgence to the petitioner.
After making submissions at some length, the counsel for the petitioner sought permission of the Court to withdraw the application, enabling her to ventilate her grievance
Patna High Court CWJC No.22203 of 2013 (6) dt.05-07-2016
before the appropriate Forum/Authority in accordance with law.
The writ application is dismissed as withdrawn.
(Kishore Kumar Mandal, J)
rohit/-
U
1 issue framed by the court
Whether a writ court is justified in granting indulgence when an order in probate proceedings is challengeable via appeal under Section 299 of the Indian Succession Act.
1 provisions across 1 enactments
Ambuja Sinha
State of Bihar
Sanjay Singh
Kishore Kumar Mandal
As recorded by the court registry
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