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Section 299: Appeals from orders of District Judge

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 298 All 391 Sections of Indian Succession Act Section 300

Legal Commentary & Landmark Judgments: Section 299

Section 299 provides for a statutory Right of Appeal to the High Court from every order made by a District Judge in the exercise of his succession jurisdiction.

  • Comprehensive Appellate Recourse: Every order made by a District Judge by virtue of the powers conferred on him by the Act is subject to appeal to the High Court in accordance with the CPC, 1908.
  • Appeals Against Grants and Refusals: Encompasses orders granting or refusing probate, revoking grants, appointing administrators pendente lite, or refusing caveats.
  • Statutory Limitation Window: The appeal must be filed within ninety days from the date of the order under Article 116 of the Limitation Act, 1963.
Key Landmark Precedents:
  • Clarence Pais v. Union of India (2001) 4 SCC 325: The Supreme Court emphasized that Section 299 provides an exhaustive appellate forum before the High Court, ensuring full judicial review of all substantive and interlocutory succession orders.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Held that Section 299 appeals are first appeals on facts and law where the High Court can independently re-appreciate the entire testamentary evidence.
Courtroom Practice & Strategic Litigation Guidance:

In appealing a probate dismissal under Section 299, frame formulated grounds challenging the District Judge's appreciation of attesting witness testimony; because Section 299 is a first appeal, the High Court will re-examine the original handwritten signatures and medical certificates.

Section 298 All 391 Sections of Indian Succession Act Section 300