1 2025:CGHC:50811-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 92 of 2024 Smt. Narmada Bai W/o Late Dhuluram Sahu, Aged About 66 Years, R/o Chandipara, Kasdol, Tahsil Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh, ... Applicant versus 1 - The Junior Engineer, Chhattisgarh State Electricity Distribution Company Limited Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh 2 - The Assistant Engineer, Chhattisgarh State Electricity Distribution Company, Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh 3 - The Assistant Engineer, Sub-Division, Chhattisgarh State Electricity Division Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh 4 - The Executive Engineer, Chhattisgarh State Electricity Division, Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh 5 - State of Chhattisgarh, Through The Collector, Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh ... Respondent(s) For Applicant : Mr. K.P. Sahu, Advocate For Respondent No.5/State : Mr. Rahul Tamaskar, Govt. Advocate PRAKASH KUMAR Digitally signed by PRAKASH KUMAR Date: 2025.10.14 16:47:42 +0530 2 Hon'ble Shri Sanjay K. Agrawal and Hon'ble Shri Radhakishan Agrawal, JJ. Order on Board (13.10.2025) Sanjay K. Agrawal,J 1. Heard. 2. This MCC has been filed by the Applicant under Order 44 Rule 1 of Code of Civil Procedure (CPC) being aggrieved by the impugned judgment & decree dated 25.08.2023, passed in Civil Suit Class B/15/2016 passed by the learned First Additional District Judge, Balodabazar, District – Balodabazar-Bhatapara (C.G.). 3. Learned Counsel appearing for the Applicant submits that the Applicant was exempted for payment of court fee by the Trial Court vide order dated 23.08.2019 and still her position has not changed as an indigent person. He further submits that along with this application, the applicant has also filed an affidavit dated 08.01.2024 re-affirming her position as an indigent person as on today. Therefore, it is prayed that the Applicant may be permitted from exemption of filing the court fee. 4. Learned State Counsel was noticed by order dated 10.09.2025 to file the reply, further on 19.09.2025 time was granted to file reply and on 26.09.2025 time was again granted to file reply stating that no further time would be granted to file reply but till date no reply/affidavit has been filed. 5. We have heard learned counsel appearing for the respective parties, considered their rival submissions made hereinabove and went through the records with utmost circumspection. 6. Since, the Applicant was an indigent person before the trial Court and an affidavit has been filed before this Court that still she is an indigent 3 person, therefore, in view of provisions contained in Order 44 Rule 3 of the CPC, no enquiry is necessary to be conducted. As such, we are of the considered opinion that the applicant can be permitted to sue as an indigent person. Accordingly, the present MCC stands allowed. Applicant is exempted to pay the court fee and is permitted to contest and continue the first appeal as an indigent person. 7. Accordingly, the present MCC stands disposed of. 8. The Registry is directed to register the first appeal and place it before appropriate Bench having roster for hearing and disposal in accordance with law. Sd/- Sd/- (Sanjay K. Agrawal) (Radhakishan Agrawal) Judge Judge Prakash