ANIL YADAV Vs. PUTTUL DEVI

JUDGEMENT

(1.) Heard Sri Arvind Kumar Kushwaha, learned counsel for the appellants.

(2.) This is a first appeal filed under Sec. 299 of the Succession Act, 1925 [the Act] read with Sec. 96 of the Code of Civil Procedure, 1908 [the Code], directed against an order dtd. 15/7/2023 passed by the Additional District Judge, Court No. 13, Varanasi, in Probate Case No. 73 of 2019, rejecting the application 34C dtd. 16/5/2022, in terms of which the appellants herein had sought deletion of Issue No. 2, which had been framed earlier.

(3.) The aforesaid order dtd. 16/5/2022 rejecting the application for deletion of the issue would be referable to the provisions of Order XIV Rule 5 C.P.C, and in view of the same a question would arise as to whether the said order can be held to be amenable to an appeal under Sec. 299 of the Act read with Sec. 96 of the Code.