The High Court of Chhattisgarh held that the appellant's petition for indigent status must be denied as the lower order condoning delay could not be reversed. The appeal was dismissed for non-payment of court fees within the stipulated four weeks.
Appellant directed to pay court fees within four weeks; otherwise, appeal dismissed.
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HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Misc Civil Case No.202 of 2016
Sandhya @ Baby Chouhan Verses Kailash Notra & Anr.
| 25.10.2016 | Ms. Mala Dubey, counsel for the applicant. None for respondent No.1, though represented. None for respondent No.2, though served as per Office note dated 20.10.2016. A perusal of order dated 17.6.2016 it appears that delay of 976 days in filing the instant appeal is condoned by allowing IA No.01 and also the appeal is admitted for hearing by the coordinate Bench. With the above order, the instant MCC stand disposed of. Though there is no formal order for registration of the First Appeal but as soon as the delay is condoned and the appeal is admitted for consideration, meaning thereby the first appeal is to be registered under the provisions of law. On behalf of the appellant, it is submitted that the status of the appellant is below poverty line, she has filed necessary documents to sue as pauper, hence the factum of pauperism may be considered. On perusal of the order dated 17.6.2016, now this Court cannot reverse the wheel of procedural law. With this, the prayer made regarding status of the appellant as indigent persons is denied. Registry is directed to register the matter under the head of first appeal. In this first appeal, though admitted for consideration, proper |
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| Court fee has not been paid. With this, this is not a duly constituted |
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| first appeal. |
| The appellants are directed to pay necessary Court fee as required within four weeks from now, failing which the instant |
| appeal shall stand dismissed without further reference to the Bench. Sd/- |
| (Chandra Bhushan Bajpai) Judge |
Bini
2 issues framed by the court
Whether the appellant's status as an indigent person can be considered despite the order denying it in a lower proceeding.
Whether the first appeal is duly constituted in the absence of court fees.
Sandhya @ Baby Chouhan
Kailash Notra
Chandra Bhushan Bajpai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
