Birendra Kumar v. Sumit Raj Ranjan

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.298 of 2014 ====================================================== Birendra Kumar .... .... Appellant/s

Versus

Sumit Raj Ranjan .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Onkar Kumar, Adv. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2018 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 order dated 14.03.2014 passed by Ad hoc Additional District Judge-I, Jehanabad in contested Probate (Title Suit) No.05/2009/03/2013. 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.298 of 2014 (03) dt.17-07-2018 miscellaneous appeal filed against the order 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 within two weeks.

(Prakash Chandra Jaiswal, J) Trivedi/- U