Chandeshwar Prasad Singh And ORS v. Arvind Kumar Chaudhary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.305 of 2015 ====================================================== Chandeshwar Prasad Singh & Ors .... .... Appellant/s

Versus

Arvind Kumar Chaudhary .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Arun Kumar Rai 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 contested judgment dated 08.06.2015 passed by learned 1st Additional District Judge, Muzaffarpur in L.A. No. 19 of 1985. 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.305 of 2015 (03) dt.19-09-2018 2/ 2 miscellaneous appeal filed against the judgment passed in contested Letters of Administration 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