M JAGADISWAR RAO Vs. PRATIBASINI MOHANTY

JUDGEMENT

(1.) THE present appeal has been filed against judgment and order dated February 27, 1999 passed by the Civil Judge, Senior Division, Berhampur dismissing the present appellant's application under Section 276 of the Indian Succession Act for grant of probate of a Will executed by one Manmohini Mohanty.

(2.) PRESENT appeal has been presented as a Miscellaneous Appeal. The Stamp Reporter in his report has raised a doubt whether the present appeal can be registered as a Miscellaneous Appeal.

(3.) A Division Bench of Calcutta High Court in Balai Lall Banerjee and others v. Debaki Kumar Ganguly and others, A.I.R. 1984 Calcutta 16 overruled the opinion of the stamp Reporter therein that an appeal against a final order in a probate proceeding should be classified as appeal from the original decree and held :-