Prakash Alias Premlal Kushwaha vs Ramesh Prasad Varma
2022 Latest Caselaw 12920 MP

                                                           1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          BEFORE
                                        HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                ON THE 26th OF SEPTEMBER, 2022

                                               FIRST APPEAL No. 382 of 2021

                                  BETWEEN:-
                          1.      PRAKASH ALIAS PREMLAL KUSHWAHA S/O
                                  SHIVLAL KUSHWAHA, AGED ABOUT 37 YEARS,
                                  OCCUPATION: LABOUR RESIDENT OF VILLAGE
                                  PATULKHI C/O DENIHA TEH. GOPADBANAS
                                  (MADHYA PRADESH)

                          2.      KESHKALI W/O PRAKASH ALIAS PREMLAL
                                  KUSHWAHA,      AGED  ABOUT    35  YEARS,
                                  OCCUPATION:      LABOUR   R/O    VILLAGE
                                  PATULKHI C/O DENIHA TEHSIL GOPADBANAS,
                                  DISTT. SIDHI (MADHYA PRADESH)

                                                                                       .....APPELLANT
                                  (BY SHRI P.K. PATHAK-ADVOCATE )

                                  AND
                          1.      RAMESH PRASAD VARMA S/O RAM KRIPAL
                                  VARMA, AGED ABOUT 65 YEARS, OCCUPATION:
                                  RET. TEACHER AND BUSINESS RESIDENT OF
                                  VILLAGE DENIHA BESIDE OF SHAKTI PLACE
                                  GOPADBADAS (MADHYA PRADESH)

                          2.      THE COLLECTOR DISTT. SIDHI DISTT. SIDHI,
                                  M.P. (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                                  (BY SHRI R. MATHAI- PANEL LAWYER FOR RESPONDENT-2)

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

Heard on the question of admission.

2. Learned counsel for the appellants submits that mistakenly instead of filing MCC, he has filed this first appeal and by way of filing an application Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 9/27/2022 3:09:10 PM

under Order 44 Rule 1 of CPC (I.A.No.3318/2021), he has prayed for exemption from paying Court fees.

3. This procedure is not provided in the CPC, therefore, learned counsel for the appellants prays for withdrawal of this first appeal with liberty to file an appropriate MCC under Order 44 Rule 1 of CPC with the prayer to file the appeal as an indigent person.

4. Prayer being reasonable is accepted.

5. Accordingly, learned counsel for the appellants is permitted to withdraw this first appeal with liberty to file a fresh MCC under Order 44 Rule 1 of CPC. Registry is directed to return the certified copy of the impugned judgment and

decree to the learned counsel for the appellants after retaining its photocopy on record.

6. With the aforesaid observation, this appeal is disposed off.

(DWARKA DHISH BANSAL) JUDGE sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 9/27/2022 3:09:10 PM