Smt. Asha vs Dhanraj
2023 Latest Caselaw 6905 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                ON THE 27 th OF APRIL, 2023
                                            MISC. CIVIL CASE No. 3324 of 2019

                           BETWEEN:-
                           SMT. ASHA W/O AMARSINGH JI CHOUHAN, AGED
                           ABOUT   57  YEARS, OCCUPATION: HOUSE WIFE
                           BUNGALOW NO.19, BUNGALOW AREA REVENUE
                           COLONY NEEMUCH (MADHYA PRADESH)

                                                                                       .....APPLICANT
                           (SHRI SATISH JAIN, LEARNED COUNSEL FOR THE APPLICANT)

                           AND
                           1.    DHANRAJ S/O BHERULAL CHOUDHRAY, AGED
                                 ABOUT 61 YEARS, OCCUPATION: BUS OPERATOR
                                 AND FINANCIER BUNGALOW NO.19, REVENUE
                                 COLONY    DISTRICT   NEEMUCH     (MADHYA
                                 PRADESH)

                           2.    SMT. VANMALA W/O DHANRAJ CHOUDHRAY,
                                 AGED ABOUT 60 YEARS, OCCUPATION: HOUSE
                                 WIFE BUNGALOW NO. 19 REVENUE COLONY,
                                 DIST. NEEMUCH (MADHYA PRADESH)

                           3.    THE STATE OF M.P. THROUGH COLLECTOR
                                 NEEMUCH (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (SHRI ANISH ASHAPURE, LEARNED COUNSEL FOR THE RESPONDENT
                           NO.1)
                           (SHRI AMIT RAWAL, LEARNED GOVERNMENT ADVOCATE FOR
                           RESPONDENT NO.3)


                                 This application coming on for orders this day, th e court passed the
                           following:
                                                            ORDER

The present MCC is filed seeking permission to file First Appeal as an Signature Not Verified Signed by: REENA JOSEPH Signing time: 27-04-2023 18:00:25

indigent person. The suit was filed by Smt. Asha valued at Rs.3,75,000/- alongwith an application under Section 35 of the Court Fees Act seeking exemption from payment of Court fees.

The said application was contested by the defendants and vide order dated 10.04.2014 the said application was allowed and the plaintiff/appellant was exempted from payment of Court fees.

The defendants challenged the aforesaid order dated 10.04.2014 by way of W.P.No.4246/2014. Vide order dated 16.09.2014, the writ petition was dismissed upholding the order dated 10.04.2014. Thereafter, the suit was proceeded and dismissed vide the impugned judgment and decree. Hence, the

present first appeal is filed. Since the provisions of Section 35 of the Court Fees are not applicable in appeal, therefore, the appeal is filed as an indigent person.

Learned Government Advocate was directed to obtain a report in respect of properties, income of the applicant/appellant.

As per the report she has no source of income. She is only owner of house constructed over 700 Sq.feet land. Her husband is getting pension of Rs.1,73,000/- per annum and rest of the property has also been disclosed by the appellant in this appeal by filing a list of property.

The property which was income and the property which was considered at the time of deciding the application under Section 35 of the Court Fees Act i.e. the house and the income received from the pension, there is no change in it and as per report, she still has no other source of income or acquired any property, after the decision of the Civil Suit therefore, the appellant has made out a case for filing an appeal as an indigent person.

In view of the aforesaid, this MCC stands disposed off and the same be Signature Not Verified Signed by: REENA JOSEPH Signing time: 27-04-2023 18:00:25

registered as First Appeal.

(VIVEK RUSIA) JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 27-04-2023 18:00:25