Patna High Court

Shreemati Dharamshila DeviversusNone

Decided: 5 May 2026
Disposal: CONVERTED
Bench: R P MISHRA

Holding

The appeal filed under Section 96 CPC must be converted into a miscellaneous appeal under Section 299 of the Indian Succession Act.

Summary

Shreemati Dharamshila Devi filed a first appeal under Section 96 of the CPC, read with Section 299 of the Indian Succession Act, challenging an ex‑parte dismissal of her probate case dated 29‑10‑2024. The High Court examined the appeal and noted that the matter was not contentious. Referring to an earlier order dated 19‑02‑2024 in FA No. 39 of 2022, the Court directed that the appeal be converted into a miscellaneous appeal under Section 299 of the Indian Succession Act. The appellant was given four weeks to comply with this conversion. No substantive decision on the merits of the probate dispute was made; the order dealt solely with procedural conversion of the appeal.

Issues considered

Whether an appeal filed under Section 96 CPC against an ex‑parte dismissal of a probate case can be entertained.
Whether the appeal should be converted into a miscellaneous appeal under Section 299 of the Indian Succession Act.

Legislation cited

Code of Civil Procedure, 1908 — s. 96
Indian Succession Act, 1925 — s. 299

Subjects

Probate
Ex‑parte dismissal
Appeal conversion
Indian Succession Act
Civil Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        FIRST APPEAL No.10 of 2025
                  ======================================================
                  Shreemati Dharamshila Devi wife of Shri Mundrika Pandit, resident of
                  Village and Post - Asahanee, District - Saran, Bihar-841204.
                                                                               ... ... Appellant/s
                                                      Versus
                  None
                                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :       Mr. Hareram Singh, Advocate
                  For the Respondent/s   :       None
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                  MISHRA
                                        ORAL ORDER
2    05-05-2026                    Perused the office notes dated 30.04.2026. From

                    perusal of record it appears that the present memo of appeal has

                    been filed under 96 of C.P.C. read with Sections 299 of the

                    Indian Succession Act, 1925 against Judgment dated 29.10.2024

                    passed by learned Additional District and Sessions Judge – XIII,

                    Saran at Chapra in Probate Case No. 102/2019, whereby learned

                    Court below has ex-parte dismissed the said Probate case. The

                    said does case does not appear to be contentious one in view of

                    para no. 3 of certified copy of Impugned Order.

                                2. In the light of the order dated 19.02.2024 passed in

                    F.A. No. 39 of 2022, the appellant is directed to convert the

                    present First Appeal into Miscellaneous Appeal under Section

                    299 of the Indian Succession Act, within a period of four weeks.



                                                              (Rudra Prakash Mishra, J)
Rajorshi/-
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Hareram Singh