KISHORE KUMAR MANDAL, J.

1. The order on the reference of the learned single judge.

2. The irksome issue pertaining to the classification of the appeals filed before this Court under Section 299 of the Indian Succession Act (for short ‘the Act’) and under section 384(2) of the Act has been placed for determination upon reference expressing doubts over the decision by a learned single judge in Most. Kewala Devi Vs. Smt. Krishna Devi, 2013 (1) PLJR 176.

3. The reasons for making the reference has been mentioned, in detail, in the order dated 03.11.2015, and the authoritative pronouncements by the Apex Court and other courts have also been elaborately taken into notice which require no repetition in this order. Suffice it to state that some of the appeals have been filed under Section 299 of the Act as First Appeals against the order of grant or refusal of probate or letters of administration and some of the appeals have been filed under Section 384 (2) of the Act against the order of grant or refusal of succession certificate.

4. The main plank of submissions of Mr. Trivedi, learned senior counsel for the appellant in F.A. No. 633 of 1998 and M.A. No. 504 of 1998 is based upon the