Anju Kumari v. Smt. Sanju Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.803 of 2010 ====================================================== Anju Kumari .... .... Appellant/s

Versus

Smt. Sanju Devi .... .... Respondent/s ====================================================== Appearance:

For the Appellant/s : Mr. Lala Sachindra Kumar, Advocate. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-10-2017 Heard the parties.

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 dated 18.02.2010 passed by Additional District and Sessions Judge-II, Patna in Title Suit No. 15 of 2005 arising out of contested Probate Case No. 25 of 2002.

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.803 of 2010 (7) dt.06-10-2017 2/2 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 by 31st of October, 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U