The High Court held that a miscellaneous appeal filed under Section 299 of the Indian Succession Act against a judgment in a contested probate case is not maintainable. The court directed the appellant to convert the appeal into a First Appeal based on prior rulings.
Appellant directed to convert miscellaneous appeal into First Appeal forthwith.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.1054 of 2016
| ================== Kuldeep Kaur. Dal Raj Kaur & Ors. ================== |
===== ===== |
=============================== .... .... Appellant/s Versus .... .... Respondent/s =============================== |
|---|---|---|
| Appearance : | ||
| For the Appellant/s | : | Mr. Ambrish Kumar Jha |
| For the Respondent/s ================== CORAM: HONOURA JAISWAL ORAL ORDER |
: ===== BLE M |
Mr. =============================== R. JUSTICE PRAKASH CHANDRA |
From perusal of the record, it appears that the appellant has filed this miscellaneous appeal under Section 299 of the Indian Succession Act for setting aside the judgment and order dated 14.07.2016 passed by 1st Additional District Judge, Araria in contested Probate Case No. 16 of 2013 / Trial No. 4 of 2013.
Division Bench of this Court in the case of Kusheshwar Purbe vs. Shri Shri 108 Ram Janaki Jee and others reported in 2017 (3) PLJR 791 has been pleased to rule that the appeals filed under Section 299 of the Indian Succession Act in a contentious proceeding as envisaged under Section 295 shall be treated as First Appeal and would be governed by the
Patna High Court MA No.1054 of 2016 (5) dt.04-09-2018
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procedure prescribed for such an appeal.
In view of the aforesaid decision of this Court, this miscellaneous appeal filed against the judgment passed in contested probate case is not maintainable rather First Appeal is maintainable against the same.
Hence, appellant is directed to take step for conversion of this miscellaneous appeal into First Appeal in course of the day. Office is directed to take necessary steps forthwith.
(Prakash Chandra Jaiswal, J)
Trivedi/-
U
1 issue framed by the court
Whether a miscellaneous appeal filed under Section 299 of the Indian Succession Act is maintainable against a judgment in a contested probate case.
Colour shows how this judgement treated each authority
Kusheshwar Purbe vs. Shri Shri 108 Ram Janaki Jee and othersExplained¶8
2017 (3) PLJR 791
1 provisions across 1 enactments
Kuldeep Kaur
Dal Raj Kaur
Ors
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
