Patna High Court
Rohit Kumar Singh @ Pramod KumarversusSanjay Singh
- Decided
- Disposal
- CONVERTED
- Bench
- R P MISHRA
Holding
The appeal filed under Section 96 CPC is to be converted into a miscellaneous appeal under Section 299 of the Indian Succession Act.
Summary
The appellants Rohit Kumar Singh and others filed a first appeal under Section 96 of the Civil Procedure Code against an order dated 26‑08‑2019 of the Additional District Judge, Gaya, which had allowed a probate case ex‑parte. The order was not contested by the opposite party. The High Court, referring to an earlier order dated 19‑02‑2024 in FA No. 39 of 2022, directed that the appeal be converted into a miscellaneous appeal under Section 299 of the Indian Succession Act. The court gave the parties four weeks to effect this conversion. No substantive merits of the probate dispute were addressed; the order was purely procedural.
Issues considered
- Whether the appeal filed under Section 96 of the CPC is maintainable in the present circumstances
- 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 — s. 299
Subjects
- probate
- ex‑parte
- appeal
- Section 96 CPC
- Section 299 Indian Succession Act
- conversion of appeal
- procedural order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.142 of 2024
======================================================
1. Rohit Kumar Singh @ Pramod Kumar Son of Late Saheb Singh, Resident of
village - Surhari, P.O. - Bhadeja, P.S.- Muffasil, District- Gaya, Bihar.
2. Haridwar Singh, Son of Late Chandrika Singh, Resident of village - Surhari,
P.O. - Bhadeja, P.S.- Muffasil, District- Gaya, Bihar.
3. Binay Kumar Singh, Son of Late Saheb Singh, Resident of village - Surhari,
P.O. - Bhadeja, P.S.- Muffasil, District- Gaya, Bihar.
4. Vinod Kumar, Son of Late Saheb Singh, Resident of village - Surhari, P.O. -
Bhadeja, P.S.- Muffasil, District- Gaya, Bihar.
... ... Appellant/s
Versus
Sanjay Singh Son of Laxmi Singh, Resident of village - Surheri, P.O. -
Bhadeja, P.S.- Muffasil, District- Gaya, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ranjeet Tiwary, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 08-04-2026 Perused the office notes dated 02.12.2024/26.03.2026.
From perusal of record it appears that the present memo of
appeal has been filed u/s 96 of C.P.C. against impugned order
dated 26.08.2019 passed by learned Additional District Judge-
III, Gaya in Probate Case No. 46 of 2019 / 10 of 2015, whereby
learned Court below has allowed the said case ex-parte. The said
case seems to have not contested by Opposite party in view of
para No.3 of the impugned order.
2. In the light of the order dated 19.02.2024 passed in
F.A. No. 39 of 2022, the appellants are directed to convert the
Patna High Court FA No.142 of 2024(2) dt.08-04-2026
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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