Kolkata Court July 1983 Judgments

Balai Lall Banerjee and ors. Vs. Debaki Kumar Ganguly and ors.

Court: Kolkata

Reported in: AIR1984Cal16,87CWN1020

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 i...