Jagdish Tiwari v. Sri Niwas Chaubey

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.596 of 2019 ====================================================== Jagdish Tiwari ... ... Appellant/s

Versus

Sri Niwas Chaubey ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dineshwar Pandey For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-08-2019 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 judgment dated 21.05.2019 passed by learned Additional District and Sessions Judge XII, Sasaram, Rohtas, in Probate Title Suit No. 10/2016.

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.596 of 2019(2) dt.26-08-2019 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, appellant is directed to take steps for conversion of this Miscellaneous Appeal into First Appeal within two weeks.

(S. Kumar, J) veena/- U