JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. Petitioner challenges the order dated 18.09.2019 in Misc. No. 61356/16 titled as "Mumtaz Ara Vs. Guhar Hussain & Ors." whereby the learned Trial Court has dismissed the application under Order XLVII of CPC, 1908 seeking review of order dated 31.05.2016 for not having affixed the appropriate court fee thereto. Learned Trial Court has directed the petitioner/plaintiff to affix appropriate court fee before making further submissions there on.

2. Mr. Gurnani, learned counsel appearing on behalf of petitioner/plaintiff submits that the learned Trial Court vide its order dated 17.05.2007 had permitted the petitioner/plaintiff to sue the respondent/defendant as indigent person after having considered the entire material available on record.

3. Mr. Gurnani, also submits that learned Trial Court had simultaneously directed the payment of appropriate court fee in case the status of the petitioner/plaintiff changes and she becomes financially capable of paying the same.

4. Learned counsel submits that after the death of the defendant no.2, on the failure of not having brought the LRs of the