Patna High Court

Uchita Nand Chaudhary @ Uchyita Nand ChaudharyversusSamira Devi

Decided: 15 April 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.

Summary

Uchita Nand Chaudhary appealed the order of the 3rd Additional District Judge, Munger, which rejected his probate application (Probate Case No. 07 of 2017). The appellate court observed that the probate case had not been contested by any other party. Referring to earlier judgments (FA No. 633 of 1998 dated 11‑08‑2017 and FA No. 50 of 2022 dated 30‑08‑2022) and similar cases, the court held that the appeal should be treated as a miscellaneous appeal under Section 299 of the Indian Succession Act. Consequently, the appellant was directed to convert the first appeal into a miscellaneous appeal within four weeks. No substantive merits of the probate claim were decided.

Issues considered

Whether the first appeal against the rejection of a probate application should be converted into a miscellaneous appeal under Section 299 of the Indian Succession Act.

Legislation cited

Indian Succession Act — s. 299

Subjects

Probate
Indian Succession Act
Section 299
Miscellaneous Appeal
Succession Law

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                            FIRST APPEAL No.61 of 2022
     ======================================================
     Uchita Nand Chaudhary @ Uchyita Nand Chaudhary Son of Late
     Kamaleshwari Chaudhary Resident of Village- Bokhra, Police Station- P.O.
     Prasando, P.S.- Haveli Khadagpur, District- Munger.

                                                              ... ... Appellant
                                     Versus

1.   Samira Devi D/o Late Jaggu Chaudhary, W/o Ramswarup Chaudhary
     Resident of Village- Sanhauli, P.O.- Kahua, P.S.- Sangrampur, District-
     Munger.
2.   Sachitanand Chaudhary S/o Late Kamaleshwari Chaudhary Resident of
     Village- Bokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur,
     District- Munger.
3.   Subodh Chaudhary Son of Late Kamaleshwari Chaudhary Resident of
     Village- Bokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur,
     District- Munger.
4.   Abodh Chaudhary Son of Late Kamaleshwari Chaudhary Resident of
     Village- Bokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur,
     District- Munger.
5.   Lalan Chaudhary Son of Late Kamaleshwari Chaudhary Resident of Village-
     Bokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur, District-
     Munger.
6.   Sijan Chaudhary Son of Late Kamaleshwari Chaudhary Resident of Village-
     Bokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur, District-
     Munger.
7.   Uday Kumar Chaudhary Son of Late Yogendra Chaudhary Resident of
     Village- Bokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur,
     District- Munger.
8.   Sonu Chaudhary Son of Late Subodh Chaudhary Resident of Village-
     Bokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur, District-
     Munger.
9.   Tendulkar Chaudhary Son of Late Subodh Chaudhary Resident of Village-
     Bokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur, District-
     Munger.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :    Mr.Rajesh Ranjan, Advocate
     For the Respondent/s   :    Mr.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
     MISHRA
                           ORAL ORDER
           Patna High Court FA No.61 of 2022(3) dt.15-04-2026
                                                        2/2




3    15-04-2026                   Perused the office notes dated 09.04.2026. From

                     perusal of record it appears that the present memo of appeal has

                     been filed against Order/Judgment dated 28.05.2022 passed by

                     learned 3rd Additional District Judge, Munger, whereby learned

                     Court below has rejected the Probate Case No. 07 of 2017 filed

                     for grant of probate. On going through the certified copy of

                     impugned order, the said Probate Case does not appear to have

                     been contested by the other side / party before the learned Court

                     below.

                                  2. In the light of the last two paragraphs of the order

                     dated 11.08.2017 passed in F.A. No. 633 of 1998 and analogous

                     cases as also vide order dated 30.08.2022 passed in F.A. No. 50

                     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/-

U

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