P.Rajbhushan v. Som Prakash Arora

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 142 of 2014 • P.Rajbhushan S/o P.S.N. Murti Aged About 45 Years R/o Quarter No. W-86, Yadunandan Nagar, Tifra, Bilaspur, Tah. And Distt. Bilaspur C.G. ---- Applicant

Versus

• Som Prakash Arora S/o Vasudeo Arora Aged About 48 Years R/o Quarter No. W-171, W-172, Yadunandan Nagar, Tifra, Tah. And Distt. Bilaspur C.G. ---- Respondent Shri B.L.Sahu, counsel for the applicant.

Ms. Seema Singh, counsel for the respondent.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05/01/2016 Heard on prayer to file appeal as indigent person. Learned counsel for the applicant argued that the applicant is a poor person and is not possessed of sufficient means and not in a position to pay Court fee of Rs.29,872/- as required under the law. He submits that the applicant is the owner of a dwelling house in which he is residing and he has movables which values only approximately Rs.2,000/-.

The report received from the Collector shows that the annual income of the applicant is only Rs.36,000/-. There is no other material brought on record by the respondent or by the State to show that the appellant possessed of sufficient means to pay the Court fees.

In view of above consideration, prayer of the applicant to file appeal as indigent person is allowed. The applicant is allowed to pursue his appeal as indigent person.

Accordingly, the MCC is disposed off.

Let the appeal be registered.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti