Dulichand S/O Kantilal Jaiswal ... vs Kantilal Deceased
2023 Latest Caselaw 10636 MP

                                          1
          IN     THE      HIGH COURT OF MADHYA PRADESH
                                AT INDORE
                                    BEFORE
                      HON'BLE SHRI JUSTICE PRANAY VERMA
                               ON THE 11 th OF JULY, 2023
                           MISC. CIVIL CASE No. 2753 of 2022

         BETWEEN:-
         1.    DULICHAND S/O KANTILAL JAISWAL THR NEXT
               FRIEND UMASHANKAR S/O MANGILAL, AGED
               ABOUT   68  YEARS, OCCUPATION: BUSINESS
               VILLAGE DASAI TEHSIL SARDARPUR DISTRICT
               DHAR (MADHYA PRADESH)

         2.    DULICHAND S/O KANTILAL JAISWAL THROUHG
               NEXT FRIEND HEERAMANI W/O UMASHANKAR
               JAISWAL D/O KANTILAL, AGED ABOUT 58 YEARS,
               OCCUPATION: HOUSE WIFE VILLAGE DASAI
               TEHSIL SARDARPUR, DISTRICT DHAR (MADHYA
               PRADESH)

                                                                    .....APPLICANTS
         (BY MS. POORVA MAHAJAN, ADVOCATE)

         AND
         1.    KANTILAL DECEASED S/O FUNDILAL JAISWAL
               VILLAGE DOUBLE CHOWK TEHSIL AND DISTRICT
               DEWAS (MADHYA PRADESH)

         2.    KALAWATI W/O KANTILAL JAISWAL, AGED
               ABOUT 54 YEARS, OCCUPATION: BUSINESS AND
               AGRICULTURE VILLAGE DOUBLE CHOWKI,
               TEHSIL AND DISTRICT DEWAS (MADHYA
               PRADESH)

         3.    ANIL S/O KANTILAL JAISWAL (DECEASED AND
               NAME HAS BEEN DELETED) VILLAGE DOUBLE
               CHOWKI TEHSIL AND DISTRICT DEWAS
               (MADHYA PRADESH)

         4.             HEERAMANI W/O UMASHANKAR JAISWAL D/O
Signature Not VerifiedKANTILAL (NAME HAS BEEN DELETED AND
Signed by: SHAILESH     ADDED AS PLAINTIFF/APPELLANT NO. 2), AGED
Signing time: 7/12/2023 ABOUT 58 YEARS, OCCUPATION: HOUSE WIFE
MAHADEV SUKHDEVE
11:49:53 AM             VILLAGE DASAI TEHSIL SARDARPUR DISTRICT
                                                2
                          DHAR (MADHYA PRADESH)

               5.         THE STATE OF M.P. THROUHG THE COLLECTOR
                          DISTRICT INDORE (MADHYA PRADESH)

               6.         SMT AHILYABAI W/O SHRI ROOPSINGH RAJPUT
                          OCCUPATION:    HOUSE    WIFE    VILLAGE
                          MAYAKHEDI TEHSIL AND DISTRICT INDORE
                          (MADHYA PRADESH)

               7.         SMT. PAPPI W/O ARJUN KUMAR SHARMA
                          VILLAGE DOUBLE CHOWKI, TEHSIL AND
                          DISTRICT DEWAS (MADHYA PRADESH)

                                                                               .....RESPONDENTS
               (BY SHRI RAJWARDHAN GAWDE, COUNSEL FOR STATE)

                          This application coming on for admission this day, the court passed the

               following:
                                                       ORDER

Heard.

This application under Order 44 Rule 1 of the CPC has been filed by the applicant / plaintiff for grant of permission to prefer appeal as an indigent person against the judgment and decree dated 14.10.2022 passed in Civil Suit No.500099A/2013 by the 4th District Judge, Indore.

On the application a report was directed to be submitted by the Collector concerned pursuant to which a report dated 1.6.2023 of the Tehsildar Tehsil Juni Indore has been submitted in which it has been stated that the applicant is residing along with her sister and does not have any movable and immovable property. In the report it has not been stated that the applicant is having any income.

The Court fees payable on the appeal is Rs.59,985/-. As per the report Signature Notwhich Verifiedhas been received from the Tehsildar it is apparent that the applicant is Signed by: SHAILESH MAHADEV SUKHDEVE not having sufficient means for payment of the said court fees and that he is an Signing time: 7/12/2023 11:49:53 AM

indigent person.

Consequently, the application is allowed and the applicant is permitted to sue as an indigent person.

Office is directed to register the appeal as a first appeal and to list it before the appropriate Bench for hearing.

Let a copy of this order be kept in the record of the first appeal. This application is, accordingly, allowed and disposed off.

(PRANAY VERMA) JUDGE SS/-

Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 7/12/2023 11:49:53 AM