Ramesh Chandra vs Smt. Prabha Sharma
2021 Latest Caselaw 746 MP

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              HIGH COURT OF MADHYA PRADESH
                              RP.No.166/2021
   (Ramesh Chandra and Another Vs. Smt. Prabha Sharma and
                                 Others)

Gwalior, Dated : 16.03.2021

      Shri Ajay Raghuvanshi, learned counsel for petitioners.

      Shri Abhishek Bhadoria, learned counsel for respondent no.7.

Heard on I.A.No.979/2021, an application for urgent hearing.

For the reasons mentioned in the said application, I.A.No.

979/2021 is allowed.

Accordingly, I.A.No.979/2021 stands disposed of.

The review petition is being filed for review of order dated

17.09.2019 passed by this Court in Misc. Appeal No.146/2017,

wherein the Misc. Appeal filed by the present petitioner against the

order dated 17.01.2019 was dismissed by this Court.

The brief facts giving rise to the Misc. Appeal are that the

appellant herein filed civil suit for declaration, permanent injuction and

for cancellation of registered sale deed dated 24.07.2009. It is pleaded

that the plaintiffs are not having sufficient means to pay the court fees

on suit valuation of Rs.10,85,480/- and therefore, deserves to be

exempted from paying court fees. The Court fees required to be paid

comes to about Rs.98000/-. A separate application under Order 33 Rule

1 CPC was also filed. The defendants no.1-3 field reply to the said

application and alleged several movable and immovable properties and

prayed for dismissal of the application. The defendant no.4 has also

HIGH COURT OF MADHYA PRADESH RP.No.166/2021 (Ramesh Chandra and Another Vs. Smt. Prabha Sharma and Others)

filed reply to the application and prayed for dismissal of application.

Learned trial court conducted inquiry as regards indigency and called

for the report. The plaintiff no.1 was examined and submitted Ex.P/1 to

P/9 in support of his application. The defendants Smt. Prabha Sharma,

Ram Lakhan Chaudhary and Mohan Singh Kori were also examined.

The report was called from SDO which was submitted on 03.12.2013

and the plaintiff also filed objection to it. Learned trial Court after

hearing the parties dismissed the application in a cryptic manner vide

order dated 17.01.2017. Being aggrieved thereof the petitioners/

appellants, preferred Misc. Appeal No.146/2017 before this Court

which was finally heard on 17.09.2019 and was dismissed vide order

dated 17.01.2017.

The petitioners had challenged the order of learned trial Court on

the following grounds that the learned trial Court failed to consider the

evidence adduced as regards indigency of the plaintiffs and passed the

order in hastily. It is also worth notable that the learned trial Court

below failed to record a finding regarding sufficiency of means of

plaintiffs to submit a court fee. The learned trial court in the last

paragraph of internal page 2 has recorded findings that the defendants/

respondents failed to produce any documents to substantiate their

claim as regards sufficiency or insufficiency of means to pay the court

HIGH COURT OF MADHYA PRADESH RP.No.166/2021 (Ramesh Chandra and Another Vs. Smt. Prabha Sharma and Others)

fees. Even the reports submitted by SDO or Tehsildar were not

considered in true perspective and even the said reports have not given

any positive possibility of submission of court fees by the

plaintiffs/appellants. The primary reason for which the appeal of

petitioner suffered dismissal was that this Court did not find sufficient

reasons to exercise its supervisory jurisdiction, considering the self

imposed restrictions as highlighted and upheld in judgment of Shalini

Shyam Shetty Vs. Rajendra Shankar Patil, (2010) 8 SCC 329. It is

submitted that the said judgment is not applicable to the present case as

it deals with supervisory jurisdiction under Article 227 of the

Constitution of India and the proceedings pending before this Court

were not under supervisory jurisdiction but under appellate jurisdiction

which is much more wider than supervisory jurisdiction.

Learned counsel for the petitioner has prayed that the order dated

17.09.2019 (Annexure P/1) may be set aside and Misc. Appeal may be

restored to its original number.

Learned counsel for the respondent no.7 has vehemently

opposed the prayer made in the review petition and has prayed for its

rejection.

Considering the facts and circumstances of the case and the fact

that there appears to be no consideration of the arguments of the

HIGH COURT OF MADHYA PRADESH RP.No.166/2021 (Ramesh Chandra and Another Vs. Smt. Prabha Sharma and Others)

petitioners, the order passed by this Court on 17.09.2019 in

M.A.No.146/2017 is set aside and the review petition is allowed.

M.A.No.146/2017 (Ramesh Chandra & Another Vs. Smt. Prabha

Sharma and Others) is restored to its original number for rehearing.

Copy of this order be kept in the file of M.A.No.146/2017.

Accordingly, this review petition stands finally disposed of.

List the M.A.No.146/2017 (Ramesh Chandra & Another Vs.

Smt. Prabha Sharma and Others) in the next week.

                                                      (Vishal Mishra)
AK/-                                                      Judge
       ANAND KUMAR
       2021.03.22
       14:29:30 +05'30'