Mahendra Singh vs Meghraj Singh
2022 Latest Caselaw 7685 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. 1199 of 2022

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

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

                              AND

                      1.      MEGHRAJ SINGH S/O CHARAN SINGH VILLAGE
                              MACHHAWAI, TEHSIL BUDANI DISTRICT
                              SEHORE (M.P.)

                      2.      C O L L E C T O R , DISTRICT    SEHORE
                              COLLECTORATE OFFICE SEHORE (M.P.)

                                                                                 .....RESPONDENTS
                              (SHRI VIRENDRA SINGH CHOUDHARY FOR RESPONDENT NO.1).
                              (SHRI DEVESH JAIN, GOVT. ADV. FOR RESPONDENT NO.2).

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

Heard on I.A.No.5290/2022, 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 SAN Not 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 30.04.2022 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.5290/2022, 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