Patna High Court
Sunita SinghversusAjay Kumar Singh
- Decided
- Disposal
- CONVERTED
- Bench
- R P MISHRA
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
- Code of Civil Procedure, 1908 — s. 96
- Indian Succession Act — s. 299
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/-
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