'!y9^ m^^ W ;-^^-~^^.;V-v--vvnj->.^.^^^^>.V.•~^\."-^\r\'^^^, anate Bench' IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR M.C.C.No. ^u( 120o£ APPELLANT BALINTIFF 41PPLICANT (aulat Singh, aged about 69 years, S/o ^Madho Singh, Caste Sikh, R/o Sadar Bazaar, Raigariha Gali, Champa, Tahsil Champa, District Janjgir-Champa [C.G.]. RESPONDENTS DBFENDANTS NbN-APPLICANTS ^ y'' ^^ ^'..^ 1 ^\^' ,^' y K..^w 2J ^^'" ^" VERSUS Santosh S/o Narayan Prasad Swarnkar, aged about 34 years, R/o Champa, Tah. Champa, District Janjgir-Champa [C.G.]. Smt. Satwant Kaur, Wd/o Dharmendra Singh, aged about 36 years, Caste Sikh, R/o Barpali Chowk, Station Road, Champa, District Janjgir-Champa [C.G.]. ^3] State of Chhattisgarh, through Collector, Janjgir-Champa [C.G.]. APPLICATION UNDER ORDER 44 RULE 1 & 3 OF THE CODE OF C1VIL PROCEDURE FORPERMISSIQN TO PREFER APPEAL AS AN INDIGENT PERSON. XI-HC-78 3^?3TPTRTO^^ t®t<rtl<iy ^rmcit a»*iicn Tar/nc.c..HKl. *^ 200 3<1^1 Msltb ('i^^d^T) \r aTT^T^rf^TR) T cWW^ST^HW ^nw^r'sn^T chl^Id41^ WT^T ^ te^t ^R^IT^ %3Tf^T3:n^T 26.10.2006 Shri Ravindra Agrawai coi| Shri Sudhir Bajpai GA for r| This appljcat'ton has been | Co.de ofCjyJiProcedure for perrrj indlgentpersQn. The appiicant has stated in hse! forthe appiicant. ^spondent No.3. flled under Order 44 Ruie 1 and 3 of the |issjon to prefer the instant appeal as an this appijcation that he Is not possessed of sufflcient means to enabte hir|i to pay the court fee. He was granted !egaJ aid during trial and he was ^xempted from payment of court fee and since then he has not ceasedto b^ the indigent person. t)rd ofthe trial Court. |nt that the applicatlon preferred by the lourt Fees Act was ailowed and he was fee considering that the pialntiff is 70 Heard and perused the recj From the record it is evid^ plaintiff under section 35 of the O exsmpted from payment of couri years old person and his annya! it|icome is Rs. 10,000/-. Hovvever, the suit was not filed by the plaintiif as i|idigent person and there is no inquin/ conducted by the triai Court in |this regard and therefore, the instant (ppeai as an jndlgent person cannot be ]ngiydlsmissed. ^iicant prays for two months' time to pay appiication for permission to file ^ aliowed. The app!lcation is accord| Learned counse! for the api| the court fee. Time as prayed for is grant^dtodothe needfu!, ^dl»^Ma ^^ P.T.O. ^