Ganga Singh Chouhan vs State Of Chhattisgarh
2025 Latest Caselaw 336 Chatt

Chattisgarh High Court

Ganga Singh Chouhan vs State Of Chhattisgarh on 3 July, 2025

HIGH COURT OF CHHATTISGARH AT BILASPUR

Order Sheet

FA No. 248 of 2024 Ganga Singh Chouhan Versus State of Chhattisgarh

03/07/2025 Mr. Vivek Kumar Tripathi, learned counsel for the

appellant.

Mr. Ajay Pandey, learned G.A. for the State.

Heard on I.A. No. 01/2025, which is an application

under Order 44 Rule 01 of CPC.

Initially, on 18.11.2024, the appellant filed First Appeal

under Section 96 of CPC as an indigent person challenging

the judgment and decree dated 17.10.2024 passed by first

District Judge, Mungeli (C.G.) in Civil Suit No. 3-B of 2019

whereby the suit for malicious prosecution was dismissed,

since, requisite court fee was not affixed as per valuation of

the appeal.

This Court vide order dated 20.11.2024 granted two

weeks' time to the appellant to remove the said default.

On 09.01.2025, the counsel for the appellant filed

MCC under Order 44 Rule 01 of CPC stating therein that he

is an indigent person and has no movable or immovable

property. He also annexed is income certificate issued by

the concerned Nayab Tahsildar as annexure A-2 and

prayed for prosecuting the appeal as an indigent person.

However, instead of registering the MCC separately, the

Registry has wrongly treated it as I.A. No. 01/2025 in this

appeal and annexed the same with the appeal.

In view of the above, Registry is directed to register

the aforesaid MCC separately and list it thereafter.

I.A. No. 02/2025, which is an application for urgent

hearing stands disposed of.

                     Sd/-                       Sd/-
                (Rajani Dubey)          (Amitendra Kishore Prasad)
                   Judge                          Judge



U.K. Raju