JUDGMENT :

Ravi Ranjan, J.

1. The questions which have been referred by a learned Single Judge to the Larger Bench for an authoritative decision is as under:

(i) Whether decree is to be prepared in a probate case?

(ii) Whether a contentious proceeding referred under Section 295 of the Indian Succession Act, 1925 has same meaning as of a suit filed under Section 26 of the C.P.C.?

2. The answer to the aforesaid questions will be depending upon the points as to whether a petition filed under Section 272 or Section 273 of the Indian Successions Act, 1925 (hereinafter referred to as the “Act”) can be treated to be a plaint and its presentation before the competent court can be treated to be presentation of a plaint so as to consider it to be a suit instituted under Section 26 r/w Order IV rule 1 of the Code of Civil Procedure.

3. The instant First Appeal has been preferred by the plaintiffs-appellants assailing the order dated 28.02.2019 passed by learned District Judge-I, West Singhbhum at Chaibasa in Original Suit No.03 of 2010.

4. Let it be noted here that decree was signed on 6.3.2019. The Office of this Court vide its note dated 24.05.2020 raised a question regarding maintainability of F