A. L. DAVE, J. This matter is placed before us by virtue of an order passed by the Hon'ble the Chief Justice pursuant to an order passed by learned single Judge in Second Appeal No. 114 of 2006 on 18-9-2006, wherein a question arose as to whether a second appeal would be maintainable in view of provision contained in Sec. 299 of the Succession Act, which provides for only one appeal. According to the learned single Judge, the provisions contained in Sec. 24 of the Gujarat Civil Courts Act and Sec. 299 of the Succession Act run repugnant to each other and unless there is an amendment in the Succession Act, it would be doubtful whether such Second Appeal would be maintainable? Therefore, the matter is placed for consideration of the question before this Division Bench.

2. We have heard learned Senior Advocate, Mr. J. R. Nanavaty, appearing with Mr. Mehul Rathod, learned Advocate, Mr. Hriday Buch and learned Additional Advocate General, whom we had called upon to address us, on the issue, it being of general importance and relates to interpretation of the provision of law.

3. Before adverting to the discussion on the subject and before addressing the question posed before us, it would be appropriate, if certain provisions of law, which are very relevant, are quoted here.

3.1 Section 24 of the Gujarat Civil Courts Act, 2005 reads as under :-

"24. (1) The High Court may by general or special order invest any Senior Civil Judge, within such local limits and subject to such pecuniary limitation as may be specified in such order, with all or any of the powers of a District Judge or a Court of District Judge, as the case may be, under the Divorce Act, 1869, the Succession Act, 1925, the Special Marriage Act, 1954, or the Guardians and Wards Act, 1890.

(2) Every order made by a Senior Civil Judge by virtue of the powers conferred upon him under sub-sec. (1) shall be subject to an appeal to the High Court where the amount or value of the subject-matter exceeds rupees five lakhs or to the Court of District Judge where the amount or value of the subject-matter does not exceed rupees five lakhs.

(3) Every order of a Court of District Judge passed on appeal under sub-sec. (2) from the order of a Senior Civil Judge shall be subject to an appeal to the High Court under the rules contained in the Code applicable to appeals from appellate decrees."

3.2 Section 299 of the Succession Act, 1925 reads as under :-

"299. Appeals from orders of District Judge :- Every order made by a District Judge by virtue of the powers hereby conferred upon him shall be subject to appeal to the High Court in accordance with the provisions of the Code of Civil Procedure, 1908 (V of 1908) applicable to appeals."

3.3 Section 266 of the Succession Act reads as under :-

"266. District Judge's powers as to grant of probate and administration. The District Judge shall have the like powers and authority in relation to the granting of probate and letters of administration, and all matters connected therewith, as are by law vested in him in relation to any civil suit or proceeding pending in his Court."

3.4 Section 100 of the Code of Civil Procedure reads as under :-

"100 Second appeal :- (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time-being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.

(2) An appeal may lie under this Section from an appellate decree passed ex-parte.

(3) In an appeal under this Section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.

(4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.

(5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue th