Bhagwansahai And Ors vs Smt. Bhonri Devi And Ors
2022 Latest Caselaw 7669 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Civil Pauper Application No.3/2022

Bhagwansahai And Ors
                                                                       ----Petitioners
                                   Versus
Smt. Bhonri Devi And Ors.
                                                                  ----Respondents

Connected With S.B. Civil First Appeal No.433/2022 Bhagwansahai S/o Shri Bhonrilal And Ors.

----Petitioners Versus Smt. Bhonridevi W/o Late Shri Bhenruram, D/o Late Shri Prabhat, And Ors.

                                                                  ----Respondents


For Petitioner(s)        :     Mr. Mahesh Gupta
For Respondent(s)        :     Mr. R K Daga

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

07/12/2022

Appellants-plaintiffs have preferred this first appeal

challenging the judgment and decree dated 25.04.2022 passed in

Civil Suit No.59/2018 by the Court of Additional District Judge

No.2, Jaipur District, Jaipur whereby and whereunder their civil

suit for cancellation of sale deed, declaration and permanent

injunction has been dismissed on merits.

It is not in dispute that appellants-plaintiffs paid court fee of

Rs.5,06,142/- as indicated in the impugned decree before the trial

court however, in order to challenge the judgment, in the first

appeal, appellants have moved application under Order 33 Rule 1

(2 of 2) [CPA-3/2022]

CPC for seeking exemption to pay the court fee and to allow to

pursue the first appeal as indigent person.

On behalf of respondent No.3, counsel has appeared as

caveator. Copy may be served upon respondent No.3. Respondent

No.3 may file reply to the application.

No specific particulars as required in law to give exemption

from payment of court fee as indigent person have been

stated/enclosed with application.

Before passing any order on the application under Order 33

Rule 1 CPC, opportunity is granted to the applicant appellant to

furnish the necessary details, if so desire.

Matters are adjourn for four weeks.

(SUDESH BANSAL),J

SAURABH/27-28

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