Patna High Court

Most. Meena DeviversusSmt. Chanda Devi

Decided: 2 April 2026
Disposal: CONVERTED
Bench: R P MISHRA

Holding

The Court ordered that the appeal be converted into a miscellaneous appeal under Section 299 of the Indian Succession Act.

Summary

The appellants filed a first appeal under Section 96 of the Civil Procedure Code against a probate judgment dated 29‑01‑2024 that had allowed the probate case. The High Court observed that the probate matter was not contentious and, in view of an earlier order dated 19‑02‑2024 in FA No. 39 of 2022, directed that the present appeal be converted into a miscellaneous appeal under Section 299 of the Indian Succession Act. The parties were given four weeks to comply with the conversion. No substantive merits of the probate dispute were addressed in this order. The direction effectively changes the procedural route of the appeal.

Issues considered

Whether a first appeal filed under Section 96 of the CPC in a probate matter 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
appeal conversion
Indian Succession Act
Civil Procedure Code
miscellaneous appeal

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                            FIRST APPEAL No.95 of 2024
     ======================================================
1.    Most. Meena Devi Late Om Prakash Sah, Resident of village- Murowatpur,
      P.O. Muraowatpur, P.S. Desari, District- Vaishali. At present resident of
      village- Subhai, near Tulsi Chowk, P.S. Sadar Hajipur, District- Vaishali at
      Hajipur.
2.   Sunil Kumar @ Sunil Kumar Gautam, Son of Late Om Prakash Sah,
     Resident of Village- Murowatpur, P.O. Muraowatpur, P.S. Desari, District-
     Vaishali. At present resident of Village- Subhai, near Tulsi Chowk, P.S.
     Sadar Hajipur, District Vaishali at Hajipur.
3.   Sushil Kumar @ Sushil Kumar Gautam, Son of Late Om Prakash Sah,
     Resident of Village- Murowatpur, P.O. Muraowatpur, P.S. Desari, District-
     Vaishali. At present resident of Village- Subhai, near Tulsi Chowk, P.S.
     Sadar Hajipur, District Vaishali at Hajipur.
4.   Ranju Devi, daughter of Late Om Prakash Sah, Resident of Village-
     Murowatpur, P.O. Muraowatpur, P.S. Desari, District- Vaishali. At present
     resident of Village- Subhai, near Tulsi Chowk, P.S. Sadar Hajipur, District
     Vaishali at Hajipur.
5.   Sanju Devi, daughter of Late Om Prakash Sah, Resident of Village-
     Murowatpur, P.O. Muraowatpur, P.S. Desari, District- Vaishali. At present
     resident of Village- Subhai, near Tulsi Chowk, P.S. Sadar Hajipur, District
     Vaishali at Hajipur.

                                                                 ... ... Appellant/s
                                        Versus

1.   Smt. Chanda Devi Wife of Sita Ram Sah, resident of Village and P.O. -
     Muraowatpur, P.S. Desari, District- Vaishali.
2.   Vishwanath Sah, son of Late Jagarnath Sah, resident of Village and P.O. -
     Muraowatpur, P.S. Desari, District- Vaishali.
3.   Sita Ram Sah, son of Late Jagarnath Sah, resident of Village and P.O. -
     Muraowatpur, P.S. Desari, District- Vaishali.
4.   Ganesh Sah, son of Late Jagarnath Sah, resident of Village and P.O. -
     Muraowatpur, P.S. Desari, District- Vaishali.
5.   Geeta Devi, daughter of Late Jagarnath Sah, resident of Village and P.O. -
     Muraowatpur, P.S. Desari, District- Vaishali.
6.   Sakuntala Devi, daughter of Late Jagarnath Sah, resident of Village and P.O.
     - Muraowatpur, P.S. Desari, District- Vaishali.
7.   Sunita Devi, daughter of Late Jagarnath Sah, resident of Village and P.O. -
     Muraowatpur, P.S. Desari, District- Vaishali.
8.   Anita Devi, daughter of Late Jagarnath Sah, resident of Village and P.O. -
     Muraowatpur, P.S. Desari, District- Vaishali.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
           Patna High Court FA No.95 of 2024(2) dt.02-04-2026
                                                        2/2




                  For the Appellant/s       :        Mr.Kumar Rakesh Chandra, Advocate
                  For the Respondent/s      :        Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                  MISHRA
                                        ORAL ORDER

2    02-04-2026                   Perused the office notes dated 24.07.2025. 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 29.01.2024

                     passed by learned Additional District Judge-VII, Vaishali at

                     Hazipur in Probate Case No. 64 of 2021, whereby learned Court

                     below has allowed the said probate case. The said case does not

                     appear to be contentious vide para Nos. 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 appellants are 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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