Patna High Court

Maksudan RaiversusShiv Narayan Rai

Decided: 30 March 2026
Disposal: CONVERTED
Bench: R P MISHRA

Holding

The appeal must be converted into a miscellaneous appeal under Section 299 of the Indian Succession Act within four weeks.

Summary

The appellant, Maksudan Rai, filed a first appeal under Section 96 of the Code of Civil Procedure against a 23 May 2018 judgment of the Fast Track Court, Samastipur, which had allowed a probate application in his favour. The appeal was non‑contentious as per the certified copy of the impugned judgment. The High Court, noting an earlier order dated 19 February 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 ordered the appellant to effect this conversion within four weeks. No substantive merits of the probate dispute were addressed; the order solely concerned procedural conversion of the appeal.

Issues considered

Whether the first appeal under Section 96 CPC should be converted into a miscellaneous appeal under Section 299 of the Indian Succession Act

Legislation cited

Code of Civil Procedure — s. 96
Indian Succession Act — s. 299

Subjects

Probate
Civil Procedure
Appeal conversion
Indian Succession Act
Section 299
Section 96

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   FIRST APPEAL No.178 of 2025
                  ======================================================
                  Maksudan Rai
                                                                  ... ... Appellant/s
                                             Versus
                  Shiv Narayan Rai
                                                               ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :     Mr.Tej Pratap, Advocate
                  For the Respondent/s   :     Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                  MISHRA
                                        ORAL ORDER

4    30-03-2026                 Perused the office notes dated 11.02.2025/12.02.2026.

                    From perusal of record it appears that the present memo of

                    appeal has been filed u/s 96 of C.P.C. against Judgment dated

                    23.05.2018 passed by learned Fast Track Court, 1st Samastipur

                    in Probate Case No. 12/2010/15/2017, whereby learned Court

                    below has allowed the case in favour of applicant. The said case

                    seems to have been non-contentious one in view of para No.2 of

                    certified 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

                    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/-
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Tej Pratap