VINOD KUMAR Vs. XXXXXXX

JUDGEMENT

(1.) The matter has been received by this Bench upon reference by Ld. Single Judge. The reference has been made in the background of the fact that the present appeal has been filed by the Appellants under Sec. 299 of the Indian Succession Act, 1925, impugning the final order dtd. 22/2/2022 passed by Ld. Additional District and Sessions Judge-V Saran at Chhapra in non-contentious probate proceeding bearing Probate Case No. 37 of 2017 whereby probate petition filed by the Appellant has been dismissed. The office has raised objection regarding maintainability of the present appeal noting that against the impugned order, proper remedy seems to lie by way of filing Miscellaneous Appeal under Sec. 299 of the Indian Succession Act, 1925 in view of the ruling of Ld. Division Bench in Kusheshwar Purbey vs. Shri. Shri. 108 Ram Janki Jee. S and Ors. (First Appeal- 633 of 1998) as reported in 2017 (3) PLJR 791.

(2.) Ld. Single Judge is of the view that Ld. Division Bench in Kusheshwar Purbey case (supra), has not thrown light on the procedure of appeal filed against an order passed in non-contentious probate proceeding. Hence, the reference has been made for clarification regarding the procedure.

(3.) In view of the aforesaid facts and circumstances, the following question arises for our consideration:-