Runa And ORS. v. Smt. Leelawati Devi And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.130 of 2014 ====================================================== Runa & Ors.

.... .... Appellant/s

Versus

Smt. Leelawati Devi & Ors.

.... .... Respondent/s ====================================================== Appearance:

For the Appellant/s : Mr. Rahul Nath, Advocate. For the Respondent/s : Mr. Sanjay Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 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 12.08.2011 passed by Additional District Judge-VII, Patna in Title Suit No. 17 of 2008 arising out of Probate Case No. 17 of 2007.

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.130 of 2014 (21) dt.12-07-2018 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, appellants are directed to take step for conversion of this miscellaneous appeal into First Appeal within two weeks.

(Prakash Chandra Jaiswal, J) Mishra/- U