Sri Ram Nandan Singh v. Sri Ajab Lal Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.405 of 2016 In FIRST APPEAL No.266 of 1998 ====================================================== Sri Ram Nandan Singh ... ... Appellant

Versus

Sri Ajab Lal Singh & Ors.

... ... Respondents ====================================================== Appearance :

For the Appellant :

Mr. Sanjay Kumar, Advocate For the Respondents :

Mr. Pramod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-07-2023 This Miscellaneous Appeal has been filed under Section 299 of the Indian Succession Act, 1925 in a contentious proceeding.

2. In view of case of Kusheshwar Purbey Vs. Shri 108 Ram Janaki Jee S. reported in 2017(3) PLJR 791 which reads as under:

"...... the appeals filed under Section 299 of the Indian Succession Act in a contentious proceeding as envisaged under Section 295 of the Indian Succession Act after 27.02.2012 shall be treated for all purposes as First Appeals and similarly the appeals filed under Section 384(2) of the Indian Succession Act shall be treated as Miscellaneous Appeals for all purposes."

3. Office is directed to treat the present appeal as First

Patna High Court MA No.405 of 2016(37) dt.18-07-2023 2/2 Appeal and accordingly, nomenclature of the case be changed.

4. List this case on 01.08.2023.

(Khatim Reza, J) Gaurav Kumar/- U