SUBAL PAUL versus MALINA PAUL AND ANR.

SUBAL PAUL versus MALINA PAUL AND ANR.

The order passed by the Single Judge of the High Court in appeal under s.299 of the Indian Succession Act is appealable to the Letters Patent Bench because Clause 15 of Letters Patent is not excluded by s.104 CPC and s.299 provides for appeal in accordance with CPC procedures, not substantive constraints; thus objection as to maintainability is rightly overruled.

Parties
Appellant: Subal Paul; Respondent: Malina Paul
Jurisdiction
India
Judgment Date
13 February 2003
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal dismissed
Legal Topics
Appealability, Letters Patent Appeal, Indian Succession Act S.299, Code of Civil Procedure S.104
Succession Law Civil Procedure Appealability Letters Patent Appeal Indian Succession Act S.299 Code of Civil Procedure S.104

Case Brief

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Parties

Subal Paul

Appellant

Malina Paul

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether a Letters Patent appeal lies against the judgment of a Single Judge of the High Court under Section 299 of the Indian Succession Act, 1925

Ratio Decidendi

The order passed by the Single Judge of the High Court in appeal under s.299 of the Indian Succession Act is appealable to the Letters Patent Bench because Clause 15 of Letters Patent is not excluded by s.104 CPC and s.299 provides for appeal in accordance with CPC procedures, not substantive constraints; thus objection as to maintainability is rightly overruled.

Court Disposition

Appeal dismissed

Orders

  • High Court to decide the letters patent appeal expeditiously.