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Chandeshwar Prasad Singh and Ors. v. Arvind Kumar Chaudhary

Patna HC19 Sept 2018MA/305/2015

Case brief

AI extract

What is this about?

The Patna High Court held that a miscellaneous appeal under Section 299 of the Indian Succession Act in a contentious Letters of Administration case is not maintainable. Ordering it to be treated as a First Appeal per prior precedent, the court directed conversion of the appeal.

What did the court decide?

Appellants directed to convert this miscellaneous appeal into a First Appeal.

Chandeshwar Prasad Singh and Ors. Vs Arvind Kumar… — Succession and Inheritance | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.305 of 2015

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====================================================== Chandeshwar Prasad Singh & Ors .... .... Appellant/s Versus Arvind Kumar Chaudhary .... .... Respondent/s ======================================================
Appearance :
For the Appellant/s : Mr. Arun Kumar Rai For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER

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03 19-09-2018 Heard the parties.

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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 contested judgment dated 08.06.2015 passed by learned 1^st Additional District Judge, Muzaffarpur in L.A. No. 19 of 1985.

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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.

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In view of the aforesaid decision of this Court, this

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Patna High Court MA No.305 of 2015 (03) dt.19-09-2018

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2/ 2

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miscellaneous appeal filed against the judgment passed in contested Letters of Administration case is not maintainable rather First appeal is maintainable against the same.

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Hence, appellants are directed to take step for conversion of this miscellaneous appeal into First Appeal during course of the day.

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Office is directed to take necessary step in the matter.

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(Prakash Chandra Jaiswal, J)

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Trivedi/-

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Chandeshwar Prasad Singh and Ors. v. Arvind Kumar Chaudhary

Case brief

What is this about?

What did the court decide?

Chandeshwar Prasad Singh and Ors. v. Arvind Kumar Chaudhary

Case brief

What is this about?

What did the court decide?

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