BALAI LALL BANERJEE Vs. DEBAKI KUMAR GANGULY
HIGH COURT OF CALCUTTA
BALAI LALL BANERJEE
DEBAKI KUMAR GANGULY
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B.C.Chakrabarti, J. -
(1.) These two matters arising out of two memoranda of appeal -- one against an order for the grant of Letters of Administration and the other against an order for the grant of Probate, have been referred to us in view of a report of the Stamp Reporter regarding the maintainability of the appeals without a certified copy of decree accompanying the judgments appealed against The question that falls for our consideration is whether a decree is at all required to be drawn up after the passing of an order for the grant of Probate or Letters of Administration as the case may be.
(2.) The provision of appeal is contain-ed in Section 299 of the Succession Act The section reads as follows:--
"299. Appeals from orders of District Judge -- Every order made by a District Judge by virtue of the powers hereby conferred upon him shall be subject to appeal to the High Court in accordance with the provisions of the Civil P. C., 1908, applicable to appeals."
(3.) Although the section makes it clear that the appeal is against the order made on an application, the Stamp Reporter is of the view that copy of decree is required to be filed along with the Memorandum of Appeal in view of a provision contained in Rule 10, Chap. IV of the Rules of Business of the Judicial Department, Appellate Side, High Court, Calcutta. The rule in question relates/to classification of appeals. The relevant portion of the Rule is to the following effect :
"Classification of Appeals. 10. It is the duty of the Stamp Reporter to classify appeals before making them over to the Appeal Sections concerned for registration. Under the existing practice of thia Court, appeals are classified in the manner indicated below:-- APPEALS FROM ORIGINAL DECREES, (1) to (3) ..... (4) Appeals against the grant of refusal to grant or revocation or refusal of revocation of probate or letters of administration.";
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