SUBAL PAUL vs MALINA PAUL

The Supreme Court addressed whether a letters patent appeal lies against a judgment of a Single Judge of the High Court under Section 299 of the Indian Succession Act, 1925. The Court held that such an appeal is barred by Section 104 of the Code of Civil Procedure, 1908, as the order in question does not constitute a decree under Section 2(2) of the CPC. Consequently, the appeal was dismissed, affirming the High Court's decision to hear the letters patent appeal despite the preliminary objection raised by the appellant.