NAGENDRA RAI, J.

1. The question which has been referred by a learned single Judge to the Division Bench for an authoritative decision is as to whether an appeal, filed under Sec. 299 of the Indian Succession Act (hereinafter referred to as the Act) against the order granting or refusing probate or Letters of Administration in a contentious proceeding should be accompanied by a decree or not. The answer to this question is dependent upon a decision on the paints as to whether the order passed in a contentious proceeding is a decree or not or as to whether a decree is to be drawn up or not after passing the order in a contentious proceedings.

2. This first appeal has been filed by the appellant against the judgment dated 25/01/1991, passed by the Second Additional District Judge, Saran at Chappra, in a Probate Case No. 17/85 granting probate in favour of the respondent in respect of a will dated 14-4-1954 alleged to have been executed by Parshuram Bharti in favour of the respondent with regard to the property mentioned in Schedule-1 of the petition filed for grant of probate. On filing of the said petition for grant of probate the appellant filed a caveat to oppose grant of