Dulari Bai v. Prakash Chandrakar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 515 of 2018 Dulari Bai, W/o Late Shri Ishwar Prasad Agrawal, aged about 70 years, R/oNear Kabirbada, Ward No. 01, Shankar Nagar, Mahasamund, District Mahasamund (C.G.) .....Plaintiff ----Petitioner

Versus

1.

Prakash Chandrakar, S/o Chhagan Lal Chandrakar, aged about 45 years, R/oWard No.1, Shankar Nagar, Mahasamund, District Mahasamund (C.G.) 2.

Collector, Mahasamund, District Mahasamund (C.G.) ---- Respondents For Petitioner : Shri Ram Kumar Agrawal, Advocate. For Respondent No.2/State : Shri Ashish Surana, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 28/08/2018 (1) This writ petition has been filed against the judgment dated 11.04.2018 passed by 1st Civil Judge, Class-I, Mahasamund in Civil Suit No. 34-A/2017. (2) Learned counsel appearing for the petitioner would submit that the petitioner is poor and indigent person and, therefore, she is not able to pay court fee etc, therefore, this writ petition be entertained in place of first appeal. (3) Be that as it may, the petitioner is at liberty to prefer appeal before the first appellate Court and in turn the first appellate court shall consider and decide the same expeditiously in accordance with law. However, the period from 17-5-2018 to date of this order be considered for the purpose of computation of limitation under Section 14 (2) of The Limitation Act, 1963. The petitioner is also at liberty to seek legal aid/ file application as indigent person.

(4) With the aforesaid observations, the writ petition stands finally disposed of. (5) Certified copy of the impugned order and other relevant documents be returned after furnishing attested copy thereof.

Sd/- (Sanjay K. Agrawal) Judge D/-