AIR 1994 PATNA 144 ::(1994) 2 HinduLR 472 ::(1994) 2 CivLJ 774 ::(1994) 2 CurCC 421 ::(1994) 1 BLJ 669 ::(1994) 1 Pat LJR 644

Patna High Court

Hon'ble Judge(s): Nagendra Rai, Gurusharan Sharma , JJ

Succession Act (39 of 1925) , S.295, S.299— Probate or letters of administration - Proceedings for, becoming contentious -Character of proceedings not changed to suit - Order passed in proceedings is not decree - Memo of appeal against order - Need not be accompanied by copy of decree. AIR 1938 Sindh 36, Dissented from. Civil P.C. (5 of 1908) , S.2(2)— The contentious proceedings for grant or refusal of probate and letters of Administration is not a suit in substance and the order passed in the said proceeding is not a decree, as it does not fulfil the ingredients of decree as defined under the Code. There is no requirement in law that an order in a contentions proceeding should be followed by a decree. A decree is not required, in law, to be filed along with the memorandum of appeal under Section 299 of the Act. The proceeding for grant of probate or Letters of Administration is initiated by filing a petition/ application and not by filing a plaint. Section 295 of the Act only says that after proceeding for grant of probate or Letters of Administration becomes contentious, the proceeding shall take as may be, the form of a regular suit. Nowhere the aforesaid provision says that once the proceeding becomes contentious, the proceeding will be treated as a regular suit, it only says as nearly as may be the proceeding shall take th....