Ramji Pandit And ORS v. Dharmdev Pandit And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.228 of 2017 ====================================================== Ramji Pandit & Ors .... .... Appellant/s

Versus

Dharmdev Pandit & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Arvind Kumar Sharma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 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 18.01.2017 passed by Additional District Judge-II, Begusarai in T.S. No. 01 of 1987 arising out of Probate Case No. 58 of 1983. 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 miscellaneous appeal filed against the judgment passed in

Patna High Court MA No.228 of 2017 (3) dt.28-08-2018 2/2 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 one week.

(Prakash Chandra Jaiswal, J) Mishra/- U