Mahendra Singh vs Shaitan Singh
2022 Latest Caselaw 7684 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. 1196 of 2022

                               Between:-
                               MAHENDRA      SINGH   S/O     RAMCHARAN
                               KARODIYA, AGE      MAJOR,    OCCUPATION:
                               LABOUR R/O VILLAGE MACHHAWAI, TEHSIL
                               BUDANI, DISTRICT SEHORE (M.P.)

                                                                                    .....APPELLANT
                               (BY SHRI M.K.LODHI, ADVOCATE)

                               AND

                               SHAITAN SINGH S/O POORAN SINGH R/O
                               VILLAGE MACHHAWAI, TAHSIL BUDANI,
                               DISTRICT SEHORE (M.P.)

                                                                                   .....RESPONDENT
                               (BY SHRI VIENDRAN SINGH CHOUDHARY, ADVOCATE)

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

Heard on I.A.No.5283/2022, 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 file properly constituted M.C.C. under Order 44 Rule 1 of C.P.C. within fifteen days. He also prays that certified copy of the impugned judgment and decree Signature SAN Not Verified dated 30.04.2022 may be returned for the purpose of filing fresh Digitally signed by KRISHAN KUMAR M.C.C./Second Appeal. CHOUKSEY Date: 2022.06.14 13:30:21 IST

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

I.A.No.5283/2022, as well as present second appeal is dismissed as withdrawn with liberty as prayed.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 30.4.2022 after retaining photo copy of the same on record.

(DWARKA DHISH BANSAL) JUDGE kkc