Smt.Tariqa Ansari @ Tariqa Qureshi vs Municipal Corporation Bhopal
2024 Latest Caselaw 21026 MP

Madhya Pradesh High Court

Smt.Tariqa Ansari @ Tariqa Qureshi vs Municipal Corporation Bhopal on 2 August, 2024

                                                                 1                        MCC-1502-2012
                              IN      THE      HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK JAIN
                                                   ON THE 2 nd OF AUGUST, 2024
                                                MISC. CIVIL CASE No. 1502 of 2012
                                           SMT.TARIQA ANSARI @ TARIQA QURESHI
                                                         Versus
                                             MUNICIPAL CORPORATION BHOPAL
                           Appearance:
                              Shri Hemant Pathak - Advocate for the petitioner.
                              Shri V.P. Tiwari - Government Advocate for the State.

                                                                  ORDER

The present application has been filed seeking to prosecute appeal as indigent person in terms of Order 44 Rule 1 C.P.C.

2. This Court has granted repeated opportunities to the Collector, Bhopal to submit report in the matter of indigency status of the present appellant.

3. The State has been praying time repeatedly for the said purpose and time was sought on 04.01.2016, 10.02.2016, 28.04.2016, 28.11.2016,

20.12.2016, 01.02.2017, 03.03.2017 and 03.04.2017. On 03.04.2017, this Court recorded its anguish and even ordered that if on the next date, report has not filed, then this Court may consider ordering personal presence of the Collector, Bhopal.

4. Today also learned State Counsel submits that report could not be filed.

5. In the aforesaid circumstances, granting further time to the State

2 MCC-1502-2012 does not seem to be proper as the present application is pending since 2012.

6. A perusal of the judgment under challenge indicates that the present applicant was granted exemption from Court fees in terms of Section 35 of the Court Fees Act by the trial Court. The appellant has submitted specific affidavit before this Court also in terms of Order 44 Rule 3 C.P.C. that the applicant continued to be indigent person even as on date and the financial condition of the applicant today is also that of indigent person.

7. In such circumstances, as no objection or fresh report in terms of Order 44 and Rule 3 has been filed by the State, there is nothing to disbelieve the averment on affidavit made by the present appellant.

8. Consequently, the application stands allowed. The applicant is

allowed to prosecute the appeal an indigent person.

9. Office is directed to register the appeal under proper head and list the same for admission as per rules.

(VIVEK JAIN) JUDGE

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