Mahender Singh Vs The State

Factual and procedural background

Mahender Singh’s mother Smt Lado had made a will in April 2007. His brother Vijender Singh applied to the trial court for probate of that will. After hearing Mahender Singh’s objections the trial court rejected the probate petition. Vijender Singh then filed an appeal before a single judge of the Delhi High Court who allowed the appeal and set aside the trial court’s order. Feeling aggrieved Mahender Singh approached the division bench through a Letters Patent Appeal.

Dispute in question

The central issue was whether Mahender Singh could file this further appeal against the single judge’s decision in the probate matter.

Reasoning and decision of court

The division bench held that the Letters Patent Appeal was not maintainable. The judges explained that once a single judge has decided a first appeal even under a special law like the Indian Succession Act no second appeal or Letters Patent Appeal can be filed because Section 100A of the Code of Civil Procedure expressly bars any further appeal. Relying on an earlier full bench decision of the Delhi High Court and a Supreme Court judgment the bench ruled that this bar was introduced to reduce delays in litigation and applies regardless of the nature of the original proceedings. The appeal was accordingly dismissed while giving the appellant liberty to pursue any other remedy available under law.

Mahender Singh Vs The State.:02.04.2024:LPA 253/2024:2024:DHC:2704-DB,Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora.

Disclaimer: Donot treat this as substitute for legal advise as it may contain subjective errors.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi

#IPUpdate #IPCaselaw #IPCaseLaw #IPLaw #IPRNews #IPIndiaupdate #Trademark #Copyright #DesignLaw #PatentLaw #Law #Legal #IndianIPUpdate #AdvocateAjayAmitabhSuman #IPAdjutor