Sweta Bhattacharjee And ORS. v. Smt. Samlee Bhattacharjee And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.23 of 2014 ====================================================== Sweta Bhattacharjee & Ors.

.... .... Appellant/s

Versus

Smt. Samlee Bhattacharjee & Ors.

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

For the Appellant/s : Mr. Awadhesh Kumar Mishra For the Respondent/s : Mr. Null ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2018 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 21.12.2013 passed by Additional District Judge-II, Katihar in contested Title Suit No. 02 of 2008 arising out of Probate Case No. 1 of 2006.

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.23 of 2014 (5) dt.03-07-2018 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