This judgment treats the Miscellaneous Appeal filed under Section 299 of the Indian Succession Act as a First Appeal following the precedent in Kusheshwar Purbey, orders a change in case nomenclature, and directs listing after conversion.
The appeal was treated as a First Appeal; nomenclature changed; case listed.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.368 of 2016
====================================================== Ramkrit Sahani ... ... Appellant Versus Phuleshwari Devi ... ... Respondent ====================================================== Appearance : For the Appellant : Mr. Kumar Uday Singh, Advocate For the Respondent : ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER
3 21-08-2023
This Miscellaneous Appeal has been filed under Section 299 of the Indian Succession Act, 1925 in a contentious proceeding.
108 Ram Janaki Jee S. reported in 2017(3) PLJR 791 which reads as under:
“…… the appeals filed under Section 299 of the Indian Succession Act in a contentious proceeding as envisaged under Section 295 of the Indian Succession Act after 27.02.2012 shall be treated for all purposes as First Appeals and similarly the appeals filed under Section 384(2) of the Indian Succession Act shall be treated as Miscellaneous Appeals for all purposes.”
Appeal and accordingly, nomenclature of the case be changed.
Patna High Court MA No.368 of 2016(3) dt.21-08-2023 2/2
Miscellaneous Appeal.
(Khatim Reza, J)
Gaurav Kumar/-
U
3 issues framed by the court
Whether the appeal filed under Section 299 of the Indian Succession Act should be treated as a First Appeal based on relevant precedent
Whether the nomenclature of the present appeal needs to be changed after conversion
Whether the appeal should be listed after conversion from Miscellaneous to First Appeal
Colour shows how this judgement treated each authority
Kusheshwar Purbey Vs. Shri 108 Ram Janaki Jee S.Followed¶6
2017(3) PLJR 791
3 provisions across 1 enactments
Ramkrit Sahani
Phuleshwari Devi
Khatim Reza
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
