Order on Board

Per Bibhu Datta Guru, Judge

09.12.2024

1. This appeal under Section 96 of the Civil Procedure Code, 1908 challenging the judgment and decree dated 20.02.2024 passed by 8th Additional District Judge, Durg (C.G.) in Civil Suit No. 50-A/2018 (Smt. Punabai Vs. Venkateshwar Prasad Chandrakar and Others).

2. The first appeal has been filed on 26.04.2024, which was registered as F.A. No. 97/2024. When the matter listed on 20.06.2024, this Court has observed that since the application has been moved for exemption from Court fee and it is stated that already the appellant was allowed to sue as a pauper. To verify the facts, record of the learned trial Court was summoned.

3. After filing of the appeal, the appellants also moved an application under Order 33 of CPC with a prayer that the appellant be permitted to sue as an indigent person, consequently exempting to afÏx court fee on the valuation of this appeal.

4. It is not in dispute that the appeal has been filed by the appellant without payment of any court fee as required under the law and the appeal has been registered as a regular first appeal bearing no. 97/2024. Subsequent to filing of the appeal an application I.A. No. 02/2