Patna High Court - Orders
Asha Lata Devi vs Abhay Kumar Singh @ Pappu Kumar & Ors. on 7 November, 2014
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.333 of 2014
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Asha Lata Devi W/o Kapildeo Prasad Verma Resident of Village- Chakdin,
P.O. Chakdin, P.S.- Asthawan, District- Nalanda at present residing at
Village- Sathopur, P.O. Maghra, P.S.- Deep Nagar, District- Nalanda
.... .... defendant /Appellant
Versus
1. Abhay Kumar Singh @ Pappu Kumar
2. Abhishek Kumar @ Chhotu,
both sons of Radhey Shyam Prasad
3. Sarswati Devi W/o Radhey Shyam Prasad
All residents of Village Sathopur, P.O.- Maghra, P.S.- Deepnagar, District-
Nalanda
.... .... Plaintiffs /Respondents
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Appearance :
For the Appellant/s :
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
2 07-11-2014Heard Sri Raj Kishore Prasad Singh, learned counsel for the appellant.
The present appeal has been placed on the point of maintainability.
The present appeal has been preferred against an order dated 10/1/2014 passed by learned Adhoc Additional District Judge-I, Bihar Sharif, Nalanda, whereby a petition filed on behalf of the appellant, who was objector in T.S. No. 04 of 2012 has been rejected. By the said petition a prayer was made for summoning certain documents.
Learned counsel for the appellant submits that since Patna High Court MA No.333 of 2014 (2) dt.07-11-2014 2/2 Section 299 of the Indian Succession Act prescribes an appeal against an order passed by the District Judge the present appeal is maintainable.
In this case earlier a probate case was filed vide Probate Case No. 10 of 2012. However, after objection was filed by the present appellant, same was converted as T.S. No. 04 of 2012. Thereafter, a petition was filed for summoning certain documents which have been rejected and same is under challenge in the present appeal. Prima facie the order impugned is a completely interlocutory order. No appeal lies against such order. Accordingly, the appeal stands dismissed.
(Rakesh Kumar, J) Praful/-
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