Chhotai Kumhar vs Krishan Kumar Tiwari
2022 Latest Caselaw 7683 MP

                                                        1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                ON THE 13th OF JUNE, 2022

                                          SECOND APPEAL No. 1047 of 2022

                              Between:-
                              CHHOTAI KUMHAR S/O BHONDU KUMHAR,
                              AGED   ABOUT     73  YEARS, OCCUPATION:
                              LABOURER R/O VILLAGE JAMODHI TEHSIL
                              BIOHARI P.S. BIOHARI DISTRICT SHAHDOL
                              (M.P.)

                                                                                    .....APPELLANT
                              (BY SHRI SATYENDRA PRASAD DUBEY-ADVOCATE)

                              AND

                              KRISHAN KUMAR TIWARI S/O GANESH
                              PRASAD TIWARI , AGED ABOUT 42 YEARS,
                              OCCUPATION: PRIVATE WORK R/O WARD NO.4,
                              BIOHARI TEHSIL AND P.S. BIOHARI DISTRICT
                              SHAHDOL MADHYA PRADESH (MADHYA
                              PRADESH)

                                                                                 .....RESPONDENTS


                            Th is appeal coming on for hearing this day, t h e court passed the
                      following:
                                                         ORDER

Heard on I.A.No.4440/2022, which is an application under Order 44 Rule 1 of CPC seeking exemption from payment of Court fee required to be paid in the Second Appeal.

After arguing at length, learned counsel for the appellant prays for withdrawal of this application as well as present Second Appeal with liberty to Signature Not SAN Verified file properly constituted M.C.C. under Order 44 Rule 1 of C.P.C. within fifteen Digitally signed by KRISHAN KUMAR days. He also prays that certified copy of the impugned judgment and decree CHOUKSEY Date: 2022.06.14 13:30:21 IST

dated 17.02.2022 may be returned for the purpose of filing fresh M.C.C./Second Appeal.

As for filing the Second Appeal as indigent person, M.C.C. is required to be filed, therefore, prayer is allowed.

I.A.No.4440/2022, as well as present second appeal is dismissed as withdrawn with liberty as prayed.

Office is directed to return the certified copy of the impugned judgment and decree dated 17.02.2022 after retaining photo copy of the same on record.

(DWARKA DHISH BANSAL) JUDGE kkc