IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 5 OF DECEMBER, 2025 MISC. PETITION No. 5370 of 2025 SMT.VIMLA SARAF D/O BABULAL SARAF Versus SHYAM BIHARI AND OTHERS Appearance:

Shri Janak Lal Soni - Advocate for petitioner.

ORDER By way of this petition, the petitioner has challenged the order of the appellate Court dated 28.08.2025 whereby the appellate Court has rejected the application under Section 35 of the Court Fees Act for remission from payment of Court Fees in appeal.

2. The petitioner had filed a suit for specific performance stating that there was an agreement to sale for total consideration of Rs.70.00 Lakhs, out of which Rs.45.00 Lakhs was paid in advance but the defendants are not accepting the remaining amount and not executing the sale deed.

3. The suit was filed with payment of full court fees of Rs.1.50 Lakh but in appeal the present petitioner made various assertions regarding adverse family circumstances that suddenly took place in her family after filing of the suit, as a result of which, the petitioner was no longer in a position to pay the requisite court fees for filing the appeal.

4. The petitioner sought benefit o