Shri Ramcharan Patel vs Shri Satyendra Kumar Jain
2023 Latest Caselaw 2342 MP

IN THE HIGH COURT OF MADHYA PRADESH
                 AT JABALPUR
                     BEFORE
      HON'BLE SHRI JUSTICE SHEEL NAGU
         ON THE 09th OF FEBRUARY, 2023
               MCC No.3631 of 2015


     BETWEEN:-

1.   RAMCHARAN PATEL S/O LATE PUNARAM
     PATEL, AGED 72 YEARS,

2.   HALKERAM PATEL S/O LATE PUNARAM
     PATEL, AGED 69 YEARS,

     BOTH R/O 553, AMANPUR, GURAIYAPLOT,
     VEERSAVARKAR WARD, JABALPUR.

                                           .....PETITIONERS

     (BY SHRI D.S. CHOUDHARY, ADVOCATE)

                       AND

1.   SATYENDRA KUMAR JAIN S/O LATE
     HUKUMCHAND JAIN, AGED 34 YEARS, R/O
     VILLAGE     MAGARMUHA,       TEHSIL
     SHAHPURA, DISTRICT JABALPUR (M.P.).

2.   STATE OF M.P. THROUGH COLLECTOR,
     JABALPUR (M.P.)

                                          .....RESPONDENTS
                                            -   2 -


               (BY SHRI H.S. RAJPUT - ADVOCATE FOR RESPONDENT NO.1
               AND SHRI PIYUSH JAIN - GOVERNMENT ADVOCATE FOR
               RESPONDENT NO.2/STATE)
------------------------------------------------------------------------------------------------
       This petition coming on for admission this day, the Court passed
the following:

                                         ORDER

State has submitted indigent report dated 16.09.2022 sent by Tehsildar, Adhartal, District Jabalpur which reveals thus:

(i) Petitioner is in receipt of monthly pension of Rs.16,000/-;

(ii) Petitioner resides in a kachcha tiled roof house ad measuring 1,300 sq. ft.;

(iii) Petitioner's wife Pyaribai is suffering from paralysis;

(iv) The sons and daughters of petitioner all are married and are not dependent on the petitioner;

(v) Petitioner has immovable property of 10 acres land which is under litigation.

2. From the aforesaid, it appears that petitioner does not possess sufficient means to enable him to pay court fee of Rs.91,375/- for prosecuting appeal against judgment and decree dated 05.01.2015 passed by VII Additional Sessions Judge, Jabalpur in Civil Suit No.24A/2014.

3. Accordingly, petitioners are exempted from payment of court fee for prosecuting the appeal.

4. Office is directed to register the appeal and proceed.

- 3 -

5. This order however shall be subject to provisions of Rule 10 Order XXXII of CPC.

6. M.C.C. stands allowed.

                                    (SHEEL NAGU)                       (VIRENDER SINGH)
                                      JUDGE                                JUDGE
 YS

Digitally signed by YOGESH KUMAR
SHIRVASTAVA

Date: 2023.02.15 15:35:31 +05'30'