Patna High Court
Shatrudhan RaiversusSitabia Devi
- 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 appellants, Shatrudhan Rai and Rambharos Rai, filed a first appeal under Order 43 Rule 1 of the CPC, invoking Sections 299 and 384 of the Indian Succession Act, against a judgment of the Additional District Judge that dismissed their probate case uncontested. The lower court had dismissed the probate case based on specific paragraphs of the certified copy of the impugned order. The High Court, noting an earlier order dated 19‑02‑2024 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 court gave the appellants four weeks to comply with this direction. Consequently, the appeal was not allowed or dismissed but was ordered to be re‑characterised as a miscellaneous appeal.
Issues considered
- What is the appropriate procedural route for the appeal filed under Order 43 Rule 1 CPC and Sections 299, 384 of the Indian Succession Act?
- Should the first appeal be converted into a miscellaneous appeal under Section 299 of the Indian Succession Act?
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 43 Rule 1
- Indian Succession Act, 1925 — s. 299, 384
Subjects
- Probate
- Succession
- Appeal conversion
- Indian Succession Act
- Civil Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.75 of 2024
======================================================
1. Shatrudhan Rai son of Sri Rajendra Rai, Resident of Village- Benipur, P.S.-
Parsauni, District- Sitamarhi.
2. Rambharos Rai, son of Sri Rasnarain Rai, Resident of Village- Benipur, P.S.-
Parsauni, District- Sitamarhi.
... ... Appellant/s
Versus
1. Sitabia Devi Daughter of Late Bhola Rai, Resident of Village and P.O. -
Rampur Hari Chhapra, P.S.- Meenapur, District- Muzaffarpur.
2. Madan Rai, son of Late Bhola Rai, Resident of Village- Benipur, P.O. and
P.S.- Parsauni, District- Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Madhusudan Rai, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-04-2026 Perused the office notes dated
10.07.2025/25.03.2026. From perusal of record it appears that
the present memo of appeal has been filed under Order 43 Rule
1 of C.P.C. read with Sections 299 and 384 of the Indian
Succession Act, 1925 against Judgment dated 29.02.2024 passed
by learned Additional District Judge – VIII, Sitamarhi in
Probate Case No. 10/2016, whereby learned Court below has
dismissed the said Probate case uncontested in view of para no.
3 and 4 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.75 of 2024(2) dt.02-04-2026
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/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.