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Patna High Court

Ranju DeviversusSajnai Devi

Decided
Disposal
CONVERTED

Holding

The appeal must be converted into a miscellaneous appeal under section 299 of the Indian Succession Act.

Summary

Ranju Devi appealed against the District Judge's order dismissing her probate suit as time‑barred at the admission stage. The High Court examined the appeal and noted that the lower court had not entertained the case on merits. Referring to a prior order in FA No. 39 of 2022, the Court directed that the present first appeal be converted into a miscellaneous appeal under section 299 of the Indian Succession Act. The appellant was given four weeks to file the converted appeal. No substantive merits of the probate claim were decided; the order dealt solely with procedural compliance.

Issues considered

  • Whether the appeal filed as a first appeal is maintainable given the time‑bar under the Indian Succession Act
  • Whether the appeal should be converted into a miscellaneous appeal under section 299 of the Indian Succession Act

Legislation cited

Subjects

  • Probate
  • Time bar
  • Appeal conversion
  • Indian Succession Act
  • Miscellaneous appeal
  • Succession law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       FIRST APPEAL No.105 of 2024
                 ======================================================
                 Ranju Devi Wife of Late Ashok Paswan, Resident of Village-Barsam, P.O.-
                 Balhi Teghra, P.S.-Bakhitiyarpur, District-Saharsa.
                                                                        ... ... Appellant/s
                                                    Versus

           1.    Sajnai Devi Wife of Mahendra Paswan, D/o Late Mahabir Paswan, Resident
                 of Village-Dholi, P.S.-Bangaon, District-Saharsa.
           2.    Pawo Devi, D/o Late Mahabir Paswan, W/o Satrahan Paswan, Resident of
                 Village-Nauhatta, P.S.-Nauhatrta, District-Saharsa.
           3.    Kari Devi, D/o Late Mahabir Paswan, wife of Sudhir Paswan, Resident of
                 Village-Manahara, P.S.-Bihra, District-Saharsa.
           4.    Bidhama Devi, D/o Late Mahabir Paswan, Wife of Late Baros Paswan,
                 Resident of Village-Sahauriya Tola, Sonbarsa, P.S.-Saur Bazar, District-
                 Saharsa.
           5.    Budharia Devi, D/o Late Mahabir Paswan, wife of Narayan Paswan,
                 Resident of Village-Lakhni, P.O.-Baluaha, P.S.-Mahisi, District-Saharsa.
           6.    Triful Devi, Wife of Late Mahabir Paswan, Wife of Bijendra Paswan,
                 Resident of Village-Lakhni, P.S.-Mahisi, District-Saharsa.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Ratan Kumar, Advocate
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   07-04-2026                 Perused the office notes dated 03.10.2024/26.03.2026.

                   From perusal of record it appears that the instant Memo of

                   Appeal has been filed against impugned order dated 26.06.2024

                   passed by learned District Judge, Saharsa in Probate Case No.

                   04 of 2023, whereby learned Court below appears to have

                   dismissed as time barred at the admission stage itself and the

                   said case seems to have been not contested by the opposite

                   parties.
           Patna High Court FA No.105 of 2024(2) dt.07-04-2026
                                                        2/2




                                  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 u/s 299 of the

                     Indian Succession Act, within a period of four weeks.



                                           (Rudra Prakash Mishra, J)
manish/-

U


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