Hridyanand Tiwary And ORS v. Mostt. Champa Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.302 of 2015 ====================================================== Hridyanand Tiwary & Ors .... .... Appellant/s

Versus

Mostt. Champa Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shakti Suman Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-09-2018 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 19.06.2015 passed by Ad hoc A.D.J.-I, East Champaran at Motihari in contested Probate Case No. 4 of 2004 / 8 of 2014. 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.

In view of the aforesaid decision of this Court, this

Patna High Court MA No.302 of 2015 (03) dt.19-09-2018 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 during course of the day.

Office is directed to take necessary step in the matter.

(Prakash Chandra Jaiswal, J) Trivedi/- U