\y HIGH COURT OF CHHATTISGARH AT BILASPUR Sinaie Bench : Hon'ble Shri Diljp Raosaheb Deshmukh. J. APPELLANTS PLAINTIFFS M.A.No.56of2007 1. Mohanlal S/o Butuiat Rathiya, Aged about 50 years, Occupation- Agriculture, 2. Rewati Bai W/o Mohanlal Rathiya, Aged about 45 years, Occupation- Housewife. Both R/o Village-Manuapali, P/0 Jaamgaon, Thana-Chakradhar Nagar, Raigarh, Tahsil & District Raigarh (C..G.) versus RESPONDENTS/ DEFENDANTS Manish Agrawal, Owner M.S.P. Steel and Power Limited Jaamgaon, Through- General Manager, M.S.P. Steel and Power Limited, Jaamgaon, Tahsil & District Raigarh (C.G.) General Manager, M.S.P. Steel and Power Limited, Jaamgaon, Tahsil & Djstrict Raigarh (C.G.) Ramesh Chandra Tiwari, S/o Ramadhar Tiwari, Manager, M.S.P. Steel and Power Limited, Jaamgaon, at present R/o Nearby TV tower, Raigarh, M.S.P. Steel and Power Limjted, Raigar, All in the vicinity of Thana- Chakradhar Nagar, Tahsil and District Raigarh (C.G.) Misc. Appeal under Section 1 04 R/W Order 43 Rule 1 of Code of Civil Procedure. 1908 Present : Shri Gautam Bhaduri, counseJ for the appiicants. ORALORDER (Passed on 10tn October, 2007) Heard. 2. Learned counsel for the appellants prayed for permission to withdraw this appeal while makinga submission that while passing ^?> Kvr the impugned order dated 24-07-2CX)7, the Trial Court did not consider the prayer for exemption from payment of Court fees under Order 33 Rule 1 sub-clause (a) of the C.P.C. but has rejected it only on the ground that it does notfall within the pun/iew ofthe notification N0.1-9/1/03 B-21 dated 1 .4.83 or notification No. 9-2-86-B-21 , dated 2nd August, 1986 and therefor®,he may b©granted the liberty to make an applteation before the Trial Court for considering his prayer under Order 33 Rute 1 Sub-clause (a) of C.P.C. 3. Reserving the afore^id liberty, this appeal is dismissed as withdrawn. Upon such an application being made, the Trial Court shall consider and decide the same on its own merit in accordance with law. 1 Sd/- Dilip Raosaheb Deshmukh Judge