Hira Lal Pandey v. Sant Pandey
Case brief
What is this about?
Miscellaneous Appeal was treated as a First Appeal and its nomenclature was changed in view of the Supreme Court judgment in Kusheshwar Purbey Vs. Shri 108 Ram Janaki Jee S.
What did the court decide?
Order to treat the appeal as a First Appeal and change nomenclature; case listed after two weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.696 of 2012
======================================================
Hira Lal Pandey
... ... Appellant/s Versus Sant Pandey ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rakesh Chandra, Advocate For the Respondent/s : ======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER
4 21-09-2023
This Miscellaneous Appeal has been filed under Section 299 of the Succession Act, 1925 in a contentious proceeding.
- In view of case of Kusheshwar Purbey Vs. Shri
108 Ram Janaki Jee S. reported in 2017(3) PLJR 791 which reads as under:
“…… the appeals filed under Section 299of 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.”
Issues for consideration
1 issue framed by the court
Whether the present miscellaneous appeal filed under Section 299 of the Indian Succession Act, 1925 in a contentious proceeding should be treated as a First Appeal.
Parties & counsel
- appellant
Hira Lal Pandey
- respondent
Sant Pandey
Coram
Khatim Reza
Case details
As recorded by the court registry
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