Suresh Kumar vs Mohanlal
2022 Latest Caselaw 5382 MP

                                 1

        IN THE HIGH COURT OF MADHYA PRADESH
                           AT INDORE
                            BEFORE
             HON'BLE SHRI JUSTICE PRANAY VERMA

                     ON THE 12th OF APRIL, 2022

                 MISC. CIVIL CASE No. 759 of 2021

     Between:-
     SURESH KUMAR S/O LATE SHRI LAXMINARAYAN DABI ,
     AGED ABOUT 40 YEARS, OCCUPATION: LABOUR (SILAI
     WORK) HANUMANGANJ, JOBAT (MADHYA PRADESH)
                                                  .....APPLICANT
     (BY SHRI RAVINDRA UPADHAYAY, ADVOCATE)

     AND

     MOHANLAL S/O LATE SHRI LAXMINARAYAN DABI , AGED
1.   ABOUT 66 YEARS, OCCUPATION: TAILORING H.NO.10,
     GANDHI MARG, JOBAT (MADHYA PRADESH)
     MADANLAL S/O LATE LAKSHIMINARAYAN DABI , AGED
2.   ABOUT 62 YEARS, OCCUPATION: TAILOR SHOP GANDHI
     MARG JOBAT, HALL MUKAM INDORE (MADHYA PRADESH)
     ASHOK KUMAR S/O LATE LAKSHIMINARYAN DABI , AGED
3.   ABOUT 60 YEARS, OCCUPATION: TAILOR SHOP GANDHI
     MARG. JOBAT HALL MUKAM. DHAR (MADHYA PRADESH)
     SMT. LALITA D/O LATE LAKHMINARAYAN DABI W/O SHRI
     SATISHCHANDRA SOLANKI , AGED ABOUT 55 YEARS,
4.
     OCCUPATION: HOUSEHOLD SUBHASH MARG. NAGAR NAGAR
     MOHALLA THANDLA (MADHYA PRADESH)
     SMT. PARWATI D/O LATE LAKSHAMINARAYAN DABI W/O
     SHRI SHANTILALJI SONGARA , AGED ABOUT 52 YEARS,
5.
     OCCUPATION: HOUSEHOLD AKHERAM PATH MELA ROAD
     MAHIDPURA CITY TEH. MAHIDPUR (MADHYA PRADESH)
     SMT. MANORAMA W/O LATE LAKSHMINARYAN DABI W/O
     SHRI OMPRAKASHJI MAKWANA , AGED ABOUT 49 YEARS,
6.
     OCCUPATION: HOUSEHOLD UMRAWALI ROAD. ALIRAJPUR
     (MADHYA PRADESH)
     RAJESH KUMAR S/O LATE LAKSHMINARAYAN DABI , AGED
7.   ABOUT 45 YEARS, OCCUPATION: TAILOR SHOP GHANDHI
     MARG JOBAT HALL MUKAM DHAR (MADHYA PRADESH)
                                    2

8. ADHYAKSH MAHODAY NAGAR PARISHAD JOBAT NAGAR
   PARISHAD JOBAT. OFFICE NAGAR PANCHAYAT JOBAT
   (MADHYA PRADESH)
   STATE OF M.P. THR. COLLECTOR ALIRAJPUR (MADHYA
9.
   PRADESH)
                                              .....NON-APPLICANTS

       This application coming on for admission this day, the

court passed the following:



                              ORDER

1. This application has been filed for grant of leave to prefer an appeal against the judgment and decree dated 29/01/2021 passed in civil appeal No.21-A/2019 by Additional Judge to the Court of Additional District Judge, Jobat, District-Alirajpur.

2. As per applicant court-fee payable on the memorandum of appeal is Rs.48,000/- hence he has filed present application for grant of leave to prefer appeal as an indigent person.

3. On the application of applicant financial status report was called for from the Collector, District-Alirajpur which is to the effect that yearly income of applicant is Rs.48,000/-. It is stated that applicant is residing in a rented house alongwith his wife and two daughters and is a labourer and is BPL ration card holder. As his total yearly income is Rs.48,000/-, it cannot be held that he is possessed of necessary funds for payment of court-fee. More over it is submitted by learned counsel for the applicant that before the Courts below also the applicant was permitted to sue as an indigent person and he has not been shown to be indigent person since the date of decree.

4. In view of the aforesaid facts and circumstances of the case,

this application is allowed and applicant is permitted to prefer the appeal as an indigent person. Office is directed to register the appeal and list the same before appropriate Bench for hearing.

5. MCC is accordingly allowed and disposed off.

C.C. as per rules.

(Pranay Verma) Judge

Aiyer* Digitally signed by JAGDISHAN AIYER Date: 2022.04.13 11:27:11 +05'30'