JUDGMENT :

1. Heard Sri Arvind Kumar Kushwaha, learned counsel for the appellants.

2. This is a first appeal filed under Section 299 of the Succession Act, 1925[the Act] read with Section 96 of the Code of Civil Procedure, 1908[the Code], directed against an order dated 15.07.2023 passed by the Additional District Judge, Court No. 13, Varanasi, in Probate Case No. 73 of 2019, rejecting the application 34C dated 16.05.2022, in terms of which the appellants herein had sought deletion of Issue No. 2, which had been framed earlier.

3. The aforesaid order dated 16.05.2022 rejecting the application for deletion of the issue would be referable to the provisions of Order XIV Rule 5 C.P.C, and in view of the same a question would arise as to whether the said order can be held to be amenable to an appeal under Section 299 of the Act read with Section 96 of the Code.

4. Counsel for the appellants has sought to contend that every order made by a District Judge in probate proceedings would be appealable under Section 299 of the Act.

5. The question which therefore requires consideration is, as to whether every order made by a District Judge during the course of probate proceedings, would be amenable