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Patna High Court

Sunita SinghversusAjay Kumar Singh

Decided
Disposal
CONVERTED

Holding

The court held that the first appeal should be converted into a miscellaneous appeal under Section 299 of the Indian Succession Act.

Summary

The appellant Sunita Singh filed a first appeal under Section 96 of the Civil Procedure Code against an order dated 07‑06‑2024 of the Additional District Judge, Bhagalpur, which dismissed her probate application. The lower court had treated the matter as non‑contentious, with no objections from the opposite parties. The Patna High Court examined the appeal and, referring to a prior order in FA No. 39 of 2022, directed that the present first appeal be converted into a miscellaneous appeal under Section 299 of the Indian Succession Act. The conversion must be effected within four weeks. No substantive merits of the probate dispute were decided; the order dealt solely with procedural conversion of the appeal.

Issues considered

  • Whether a first appeal filed under Section 96 CPC against a probate order can be converted into a miscellaneous appeal under Section 299 of the Indian Succession Act

Legislation cited

Subjects

  • probate
  • first appeal
  • Section 96 CPC
  • Section 299 Indian Succession Act
  • appeal conversion
  • non‑contentious matter

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       FIRST APPEAL No.109 of 2024
                 ======================================================
                 Sunita Singh W/o Piyush KUmar Singh, daughter in law of Late Arun Kumar
                 Singh, grand daughter in law of Late Ram Narayan Singh, permanent R/o
                 Village-Beldiha, P.S.-Belhar, District-Banka, at present R/o-Mahanth Narayan
                 Das Lane, Bari Sangat, Jogsar, P.S.-Kotwali, District-Bhagalpur.

                                                                            ... ... Appellant/s
                                                Versus
           1.    Ajay Kumar Singh son of Late Ram Narayan Singh, grand son of Late Gena
                 Singh, permanent R/o Village-Beldiha, P.S.-Belhar, District-Banka, at
                 present Mahanth Narayan Das Lane, Bari Sangat, Jogsar, P.S.-Kotwali,
                 District-Bhagalpur.
           2.    Mosomat Meena Kumari, W/o Late Arun Kumar Singh, daughter in law of
                 Late Ram Narayan Singh, permanent R/o Village-Beldiha, P.S.-Belhar,
                 District-Banka, at present Mahanth Narayan Das Lane, Bari Sangat, Jogsar,
                 P.S.-Kotwali, District-Bhagalpur.
           3.    Piyush Kumar Singh, S/o Late Arun Kumar Singh, grand son of Late Ram
                 Narayan Singh, permanent R/o Village-Beldiha, P.S.-Belhar, District-Banka,
                 at present Mahanth Narayan Das Lane, Bari Sangat, Jogsar, P.S.-Kotwali,
                 District-Bhagalpur.
           4.    Nitu Singh, D/o Late Arun Kumar Singh, grand daughter of Late Ram
                 Narayan Singh, permanent R/o Village-Beldiha, P.S.-Belhar, District-Banka,
                 at present Mahanth Narayan Das Lane, Bari Sangat, Jogsar, P.S.-Kotwali,
                 District-Bhagalpur.

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

2   07-04-2026                              Perused      the     office     notes      dated

                   04.10.2024/05.10.2024/26.03.2026. From perusal of record it

                   appears that the present memo of appeal has been filed under

                   Section 96 of C.P.C. against Judgment/Order dated 07.06.2024

                   passed by learned Additional District Judge – IV, Bhagalpur in

                   Probate Case No. 25/2023, whereby learned Court below has
             Patna High Court FA No.109 of 2024(2) dt.07-04-2026
                                                          2/2




                       dismissed the application. The said case seems to be non-

                       contentious matter as all opposite parties have not raised any

                       objection as per 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/-

U


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