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2021 Supreme(MP) 189

G.S.AHLUWALIYA
Shailesh Jain – Appellant
Versus
Sachin Pal – Respondent


Advocates Appeared:
For the Appellant : Gaurav Mishra.
For the Respondents:R.S. Sharma and G.K. Agrawal, Govt. Advocate.

JUDGMENT :

Gurpal Singh Ahluwalia, J.

1. This Miscellaneous Petition under Article 227 of the Constitution of India has been filed against the order dated 15/11/2019 passed by First Additional District Judge, Sironj, District Vidisha in MJC No. 06 of 2019, by which the applications filed by respondents No. 1 and 2 under Section 35 of Court Fees Act as well as under Section 5 of Limitation Act have been allowed.

2. The necessary facts for disposal of present petition in short are that the petitioner/plaintiff had filed a suit for specific performance contract. The said suit was decreed by judgment and decree dated 04/10/2016 passed by Civil Judge Class-I, Sironj, District Vidisha in Civil Suit No. 1-A of 2014.

3. It appears that the respondents No. 1 and 2 who are minors, filed an appeal through their mother along with an application under Section 35 of Court Fees Act as well as an application under Section 5 of Limitation Act.

4. By the impugned order dated 15/11/2019, the Trial Court has allowed the application filed under Section 35 of Court Fees Act and has granted exemption to respondents No. 1 and 2 from payment of Court fee and by the same order, has also allowed the application f

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