Smt. Roshani vs Ghanshyam Diwan
2025 Latest Caselaw 162 Chatt

Chattisgarh High Court

Smt. Roshani vs Ghanshyam Diwan on 7 May, 2025

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                                                                         NAFR

           HIGH COURT OF CHHATTISGARH AT BILASPUR

                               MCC No. 92 of 2025



1 - Smt. Roshani W/o Late Rupendra Giri Aged About 23 Years Occupation -
Housewife, R/o - Salihabhatha, Ps. Tehsil And Post- Patewa, District- Mahasamund
(C.G.)


2 - Ruhi D/o Late Smt. Rupendra Giri Aged About 1 Years Minor, U/g Of Smt.
Rashani R/o - Salihabhatha, Ps. Tehsil And Post- Patewa, District- Mahasamund
(C.G.)


3 - Ishwar Giri S/o Late Shri Daya Giri Aged About 56 Years Occupation-
Agriculturist R/o - Salihabhatha, Ps. Tehsil And Post- Patewa, District- Mahasamund
(C.G.)


4 - Smt. Meena Bai Giri W/o Ishwar Giri Aged About 53 Years Occupation-
Housewife R/o - Salihabhatha, Ps. Tehsil And Post- Patewa, District- Mahasamund
(C.G.)
                                                                    ... Applicant(s)


                                      versus


1 - Ghanshyam Diwan S/o Vishram Diwan Aged About 66 Years Occupation-
Agriculturist, R/o - Salihabhatha, Ps. Tehsil And Post- Patewa, District- Mahasamund
(C.G.)


2 - The Junior Engineer C.G.S.E.D. Company Patewa, Post- Patewa, District -
Mahasamund                                                                   (C.G.)
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                       3 - The Executive Engineer (S/s) Division, C.G.S.E.D. Company Patewa, Post-
                       Patewa, District- Mahasamund (C.G.)
                                                                                            ... Respondent(s)

For Applicant (s) : Dr. Shiv Kumar Shrivastava, Advocate For Respondent No.1 : Shri Arun Kumar Shukla, Advocate For Resp. / State : Shri Ajay Pandey, G.A.

DB : Hon'ble Smt. Justice Rajani Dubey Hon'ble Shri Justice Sachin Singh Rajput

Order on Board

07/05/2025

Heard.

In view of judgment passed by the Division Bench of this Court in F.A.No.63/2021 that claim made in death case which occurred owing to electrocution would be exempted from Court fees pursuant to notification dated 02/08/1986, this MCC application is allowed. The appellant is permitted to file the First Appeal under Section 96 of CPC against the impugned judgment and decree dated 03/10/2024 passed by the Principal District Judge, Mahasamund (CG) in Civil Suit No.H 13B/2023 without payment of ad valorem Court fees.

2. Registry is accordingly directed to register the aforesaid First Appeal by allotting new number and then list the First Appeal for orders before appropriate Bench.

3. A copy of this order be kept in the file of First Appeal for information and record.

4. Let this be done within a week and the newly registered First Appeal be listed for orders on admission after summer vacation.

                                             Sd/-                                    Sd/-
                                      (Rajani Dubey)                        (Sachin Singh Rajput)
                                        JUDGE                                     JUDGE


 Deepti



DEEPTI    HARIKUMAR
HARIKUMAR Date:
          2025.05.07
          16:47:40 +0530