IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1215 of 2011 In First Appeal No. 570 of 1997 ===================================================== Arjun Rai S/o Sri Baldeo Prasad Yadav R/o Mohalla and P.S.- Khajekala, P.O.- Patna City, Distt.- Patna .... .... Appellant/s Versus Rajendra Yadav S/o Late Gopi Yadav R/o Mohalla and P.S.- Khajekala, P.O. Patna city, Distt.- Patna .... .... Respondent/s ===================================================== Appearance : For the Appellant/s : Mr. Markandeya Singh, Advocate. For the Respondent/s : ---- ===================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 21-09-2011 Feeling aggrieved by the judgment and order dated 2nd May 2011 passed by the learned single Judge in First Appeal No. 570 of 1997 arising from Probate Case No. 42 of 1989, the appellant has preferred the present Appeal under Clause 10 of the Letters Patent. The learned advocate Mr. Markandeya Singh has appeared for the appellant. He has relied upon the judgment and order of the Hon’ble Supreme Court in the matter of Subal Paul v. Malina Paul & Anr. [(2003)10 SCC 361]. He has submitted that in a matter arising under the Indian Succession Act, Letters Patent Appeal shall lie against the judgment of the learned single Judge passed in First Appeal. We are unable to agree with the learned Advocate Patna High Court LPA No.1215 of 2011 (3) dt.21-09-2011 2 Mr. Singh. In view of Section 100A CPC no appeal shall lie before the Division Bench against the appellate judgment and order passed by the learned single Judge, not in the matter arising under the Indian Succession Act also. Appeal is accordingly dismissed in limine Prakash (R.M. Doshit, CJ) (Birendra Prasad Verma, J)