1 2025:CGHC:42602-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 776 of 2012 1 - (Died) (Ripusudan Singh Chandel) Deleted S/o Honble Court Order Dated 20/09/2022 And 01/11/2022., Chhattisgarh 1.1 - (A) Uday Singh Chandel S/o Late Ripusudan Singh Chandel, Aged About 42 Years R/o Fulwaripara, Bagbahra, Police Station And Tahsil -Bagbahra, District-Mahasamund Chhattisgarh. 2 - Anil Kumar Singh Chandel S/o Late Madhusudan Singh Chandel Aged About 24 Years R/o Falwaripara, Bagbahra, P.S. And Tahsil-Bagbahra, Dist. Mahasamund C.G., District : Mahasamund, Chhattisgarh ... Appellant(s) versus 1 - Pramod Singh Chandel And Ors S/o Late Lal Singh Chandel Aged About 22 Years R/o Banjari Mandir Ke Pass, Gol Bazar, Raipur, Tahsil And District Raipur C.G., Chhattisgarh 2 - Pradeep Kumar @ Guddu Singh Chandel S/o Late Lal Singh Chandel Aged About 30 Years R/o Banjari Mandir Ke Pass, Gol Bazar, Raipur, Tahsil And District Raipur C.G., District : Raipur, Chhattisgarh 3 - State Of Chhattisgarh, S/o Through The Collector, Raipur, Tahsil And District Raipur C.G., District : Raipur, Chhattisgarh ... Respondent(s) For Appellants : Mr. Bharat Rajpur, Advocate For Respondent Nos. 1 & 2 : Mr. Pushp Kumar Gupta on behalf of Mr. B.P. Sharma, Advocate For Respondent No. 3 : Mr. H.A.P.S. Bhatia, PL Hon’ble Shri Sanjay K. Agrawal and Hon’ble Shri Sachin Singh Rajput, JJ Judgment on Board 2 22/08/2025 Sanjay K. Agrawal, J. Heard on application for under Order 41 Rule 1 CPC. 2. Learned counsel for the applicants submits that the appellants being indigent persons were allowed to continue the suit as indigent persons vide order dated 26.08.2006 passed by trial Court. He further submits that an affidavit has been filed that being indigent persons, the applicants still not able to pay the Court fee, and continue to be indigent person, therefore, the application of the applicants be allowed in light of provision containing Order 41 Rule 3 of CPC. 3. Learned counsel for the respondents are not in position to dispute the above submission raised by learned counsel for the applicants. 4. We have heard learned counsel for the parties and gone through the records. 5. Considering the fact that the applicants herein were allowed to continue as indigent person vide order dated 26.08.2006 of the learned trial Court and in the instant MCC they have filed an affidavit before this Court dated 29.08.2018 as they continue to be indigent persons as they have no means to pay requisite court fee, we are inclined to allow the instant MCC. 6. In view of the above, Registry is directed to registered the FA No. 123 of 2012 for consideration. Sd/- Sd/- (Sanjay K. Agrawal) (Sachin Singh Rajput) Judge Judge Pawan