Bench held that a miscellaneous appeal under Section 299 of Indian Succession Act against judgment in contested probate case is not maintainable and first appeal is the correct remedy.
Appellants directed to convert miscellaneous appeal into First Appeal during course of the day.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.302 of 2015
====================================================== Hridyanand Tiwary & Ors .... .... Appellant/s Versus Mostt. Champa Devi & Ors .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Shakti Suman Kumar For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
03 19-09-2018 Heard the parties.
From perusal of the record, it appears that the appellants have filed this miscellaneous appeal under Section 299 of the Indian Succession Act for setting aside the judgment dated 19.06.2015 passed by Ad hoc A.D.J.-I, East Champaran at Motihari in contested Probate Case No. 4 of 2004 / 8 of 2014.
A 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 procedure prescribed for such an appeal.
In view of the aforesaid decision of this Court, this
Patna High Court MA No.302 of 2015 (03) dt.19-09-2018
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miscellaneous appeal filed against the judgment passed in contested probate case is not maintainable rather First appeal is maintainable against the same.
Hence, appellants are directed to take step for conversion of this miscellaneous appeal into First Appeal during course of the day.
Office is directed to take necessary step in the
matter.
(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 against a judgment in a contested probate case is maintainable.
Colour shows how this judgement treated each authority
Kusheshwar Purbe vs. Shri Shri 108 Ram Janaki Jee and othersReferred¶6
2017 (3) PLJR 791
2 provisions across 1 enactments
Hridyanand Tiwary
Mostt. Champa Devi
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
