Dinesh S/O Kanalal Molwa (Dead) ... vs Jagdish
2022 Latest Caselaw 5897 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE MCC No. 1367 of 2021 (DINESH S/O KANALAL MOLWA (DEAD) THR. LRS. SMT. VIDHYA AND OTHERS Vs JAGDISH AND OTHERS)

Dated : 22-04-2022 Mr Rohit Kumar Mangal, learned counsel for the petitioner .

This application under Order 44 Rule 1 of the C.P.C has been filed for grant of permission to prefer appeal as indigent persons against the judgment and decree dated 30-06-2021 passed in RCA/100022/2016 by the First Additional District Judge, Sardarpur, District Dhar.

On the application of the applicants a report regarding indigency of the

applicants was called for from the Collector, District Dhar which has been received in which it has been stated that the applicants are the owners of 3.051 hectare of land the current market value of which is Rs. 2318760/-. However, in the report it has not been mentioned as to what is the income of the applicants from the said land.

As per provisions of Order 33 Rule 1 of the CPC the property exempt from attachment in execution of a decree is to be excluded. As per Section 165 (7) of M.P. Land Revenue Code, 1959 where the area of land comprised in a holding is in excess of five acres of irrigated land then only so much area of land is liable to

attachment or sale in execution of decree as is in excess of five acres of irrigated land. As the applicants are two in numbers, the aggregate area of their entire lands would be taken as ten acres, which is more than the total land held by them.

In the report of the Collector it has not been stated that the applicants are possessed of sufficient means for payment of Court fees payable in the appeal. Merely for the reasons that they are possessed of agricultural lands, it cannot be presumed in absence of any material that they are deriving sufficient income therefrom to enable them to pay the Court fess in this appeal.

Consequently, the application is allowed and the applicants are permitted to prefer the appeal as indigent persons.

Office is directed to register the second appeal and list it before the Signature Not Verified SAN appropriate bench for hearing.

M.C.C. is accordingly allowed and disposed off. Digitally signed by RASHMI PRASHANT Date: 2022.04.28 10:59:53 IST

Certified copy as per rules.

(PRANAY VERMA) JUDGE

rashmi

Signature Not Verified SAN

Digitally signed by RASHMI PRASHANT Date: 2022.04.28 10:59:53 IST