Patna High Court
Rakesh Kumar Vishwakarma @ Rakesh KumarversusThere is no Respondent/Opposite Party in the Probate Case No. 43/2018/21/2018 (C.I.S.)
- 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, Rakesh Kumar Vishwakarma, filed a first appeal under Section 299 of the Indian Succession Act challenging a judgment dated 30.01.2025 of the District Judge, Gaya, which had rejected his petition under Section 276 for a probate certificate. The probate case was described as non‑contentious. The Patna High Court, after reviewing the office notes, noted that the appeal was filed under the wrong procedural provision. In view of a prior order dated 19.02.2024 in FA No. 39 of 2022, the Court directed that the first appeal be converted into a miscellaneous appeal under Section 299. The appellant was given four weeks to comply with this direction. No respondent was named in the probate case.
Issues considered
- Whether a first appeal filed under Section 299 of the Indian Succession Act is maintainable as a regular appeal or must be treated as a miscellaneous appeal.
Legislation cited
- Indian Succession Act — s. 276, 299
Subjects
- Probate
- Indian Succession Act
- Section 276
- Section 299
- Miscellaneous appeal
- Court procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.60 of 2025
======================================================
Rakesh Kumar Vishwakarma @ Rakesh Kumar son of Ram Pravesh
Vishwakarma, resident of Village-Pali, P.O.-Utrain Konch, P.S.-Konch,
District-Gaya.
... ... Appellant/s
Versus
There is no Respondent/Opposite Party in the Probate Case No.
43/2018/21/2018 (C.I.S.) x
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashok Kumar, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 18-04-2026 Perused the office notes dated
19.06.2025/16.04.2026. From perusal of record it appears that
the present memo of appeal has been filed under Section 299 of
the Indian Succession Act against Judgment dated 30.01.2025
passed by learned District Judge-I, Gaya in Probate Case No.
43/2018/21/2018 (C.I.S.), whereby learned Court below has
rejected the petition filed under Section 276 of Indian
Succession Act, for grant of Probate Certificate. the said Probate
case seems to be non-contentious in view of para nos. 10, 11 and
12 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
Patna High Court FA No.60 of 2025(2) dt.18-04-2026
2/2
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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