The moot question for decision in this case is whether in a proceeding initiated for grant of probate or letters of administration under Section 272 and/or 273 of Indian Succession Act, 1925 (hereinafter referred to as the 'Act'), which is contested the' memorandum of appeal to the High Court should accompany a decree against the final order disposing of the Proceeding.

2. A regular First Appeal No. 481 of 1987 under section 299 of the Act has been filed by the appellant against a contested final order allowing probate on the basis of a will. The stamps reporter raised an objection that a "contentious proceeding" under the Act will be deemed to be a regular suit and is required to be disposed of under the provisions of the Code of Civil Procedure, in which the petitioner for probate or letters of administration shall be the plaintiff and the person who opposes the grant shall be defendant. Therefore, for all purposes, an appeal under section 299 of the Act against such an order is akin to the provisions of section 96 of the Code of Civil Procedure and the appeal would be incompetent if it is not accompanied by a copy of the decree. The very first line of the judgment reads:

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