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1 MP-6167-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK JAIN

th

ON THE 5 OF FEBRUARY, 2026

MISC. PETITION No. 6167 of 2025

AMRITA AWASTHI

Versus

ABHAY KUMAR AWASTHI AND OTHERS

Appearance:

Shri Prahlad Choudhary with Shri Vipin Kumar Badharia - Advocate

for the Petitioner.

ORDER

The notice sent to the respondents have returned back with the

endorsement that they have refused to receive the notice. Therefore, this

court proceeds to hear the Petition on merits.

2. The present Petition has been filed challenging the Order passed by

the Trial Court rejecting an application under Section 151 of C.P.C. filed by

the Petitioner for restoration of the suit.

3. The brief facts for the purpose of disposal of the present Petition are

that a suit has been filed by the Petitioner alongwith her mother who has

expired during pendency of the litigation. The suit was filed in the year 2013

for declaration of title and for declaring the sale deed executed in favour of

Respondent No.1 to be null and void document. A temporary injunction was

granted by the Trial Court on 20.09.2013 but thereafter, dispute arose in the

matter of payment of Court fees and the matter ultimately reached this Court

Signature Not Verified

Signed by: KRISHNA SINGH

Signing time: 2/7/2026

3:44:09 PM

2 MP-6167-2025

in Civil Revision No.27/2018 in which this Court held that the present

Petitioner/Plaintiff shall pay ad valorem court fees on the amount of Rs.8.00

lakhs which is the consideration amount of the sale deed within a period of

30 days from the date of Order and in case the Plaintiff is not in a position to

pay the requisite Court fees, then she is free to apply before the Trial Court to

sue as an indigent person.

4. The aforesaid Order was passed on 23.01.2023 which was in

pursuance to an Order passed by the Trial Court whereby the Trial Court had

rejected the application of the defendants under Order 7 Rule 11 of the

C.P.C. The Petitioner admittedly after this Order was passed by this Court on

23.01.2023 did not pay the requisite Court fees but on the other hand, filed

an application on 10.08.2023, stating therein that she needs some time to

move an application to sue as indigent person because she is unable to

procure the income certificate from the Tahsildar, Jabalpur.

5. Thereafter, the Trial Court dealt with this application which was

filed under Section 148 of C.P.C. and on 11.08.2023 noted that though

income certificate has already been prepared on 27.07.2023 but till date, no

application to sue as indigent person has been filed before the Trial Court

and therefore, upon failure to pay the requisite Court fees, the Plaint was

rejected in terms of Order 7 Rule 11 of the C.P.C.

6. Thereafter, the Petitioner instead of filing any appeal, filed a

simpliciter application under Section 151 of CPC before the Trial Court

praying therein that the suit be restored and she be permitted to file an

application to sue as indigent person.

Signature Not Verified

Signed by: KRISHNA SINGH

Signing time: 2/7/2026

3:44:09 PM

3 MP-6167-2025

7. The Trial Court has now rejected the said application as not

maintainable.

8. Learned counsel for the Petitioner/Plaintiff has vehemently argued

before this Court that it is a case where the Petitioner who is a unmarried lady

has been made a victim of conspiracy of the defendants and her valuable

property has been fraudulently been made subject matter of a sale deed,

which is nothing but fraud and forgery. It is argued that the matter in the case

is of such an extent that sale deed is ostensibly executed by the Plaintiffs but

photograph of one Rekha Awasthi is affixed on the sale deed.

9. Learned counsel for the Petitioner has also relied on a judgment of

this Court in C.R.No.111/2020 to submit that after dismissal of suit under

Order 7 Rule 11 on the ground of non-payment of requisite Court fees, the

application under Section 151 of the C.P.C. can be filed for restoration

alongwith requisite Court fees.

10. Upon considering the aforesaid asser