Patna High Court
Ram Prasad Rai alias Prasad RaiversusMahesh Rai
- Decided
- Disposal
- CONVERTED
- Bench
- R P MISHRA
Holding
The appeal must be converted into a miscellaneous appeal under section 299 of the Indian Succession Act.
Summary
The appellant Ram Prasad Rai filed a first appeal against a probate judgment dated 28‑04‑2023, which had been decided ex‑parte. The lower court had allowed the probate, and the appeal was not contested. The High Court, noting an earlier order dated 19‑02‑2024 in FA No. 39 of 2022, directed that the first appeal be converted into a miscellaneous appeal under section 299 of the Indian Succession Act. The court gave the appellant four weeks to comply with this conversion. Consequently, the appeal was not disposed of on merits but was remanded for procedural conversion.
Issues considered
- Whether the first appeal filed against the probate judgment should be converted into a miscellaneous appeal under section 299 of the Indian Succession Act
Legislation cited
- Indian Succession Act — s. 299
Subjects
- Probate
- Appeal
- Indian Succession Act
- Miscellaneous Appeal
- Ex‑parte
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.107 of 2024
======================================================
Ram Prasad Rai alias Prasad Rai Son of Late Ram Brichh Rai, resident of
Village-Mahaddipur, PO Nandlal Bag, Police Station-Gaurichak, District-
Patna.
... ... Appellant/s
Versus
1. Mahesh Rai Son of Late Sheo Rai, resident of Village-Ilahi Bag, PO-Bairiya,
Police Station-Gopalpur, District-Patna.
2. The Estate of Late Vakil Rai, son of Late Ram Brichh Rai, resident of
Village Mahaddipur, PO Nandlal Bag, Police Station-Gaurichak, District-
Patna.
3. Shiv Prasad, son of Late Ram Brichh Rai, resident of Village Mahaddipur,
PO Nandlal Bag, Police Station-Gaurichak, District-Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rudal Singh, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 07-04-2026 Perused the office notes dated 30.09.2024/26.03.2026.
From perusal of record it appears that the instant Memo of
Appeal has been filed against judgment dated 28.04.2023 passed
by learned District Judge-I, Masaurhi in Probate Case No. 59 of
2021, whereby learned Court below has allowed the said
Probate Case. The said case was heard ex-parte which does not
appear to be contentious one in view of para No. 2 of the copy
of impugned Judgment.
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
Patna High Court FA No.107 of 2024(2) dt.07-04-2026
2/2
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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