1 2025:CGHC:52372-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 75 of 2022 1 - Smt. Kavita Kashyap Wife of Late Ganeshram Kashyap Aged About 27 Years Resident Of Village Borda, Ward No. 10, Post Loharsi, Tahsil Nawagarh, District Janjgir Champa Chhattisgarh. 2 - Prinshu Kashyap, Son Of Late Ganeshram Kashyap, Aged About 06 Years, Minor Through Legal Natural Guardian Mother Smt. Kavita Kashyap, Wife Of Late Ganeshram Kashyap, Aged About 27 Years, Resident Of Village Borda, Ward No. 10, Post Loharshi, Tahsil Nawagarh, District Janjgir Champa, Chhattisgarh., 3 - Om Kashyap Son Of Late Ganeshram Kashyap Aged About 3 Years Son Of Late Ganeshram Kashyap, Aged About 06 Years, Minor Through Legal Natural Guardian Mother Smt. Kavita Kashyap, Wife Of Late Ganeshram Kashyap, Aged About 27 Years, Resident Of Village Borda, Ward No. 10, Post Loharshi, Tahsil Nawagarh, District Janjgir Champa Chhattisgarh. ... Applicants/Petitioners versus 1 - Manager, Madhya Bharat Paper Limited (M.B.P.L.) Colony Village Birgahani Champa, District Janjgir Champa, Chhattisgarh. 2 - Junior Engineer, Chhattisgarh State Electricity Board (C.S.E.B.) Champa, District Janjgir Champa, Chhattisgarh. 3 - State of Chhattisgarh, Through District Collector, District Janjgir Champa, Chhattisgarh. ... Respondent(s) PRAKASH KUMAR Digitally signed by PRAKASH KUMAR Date: 2025.10.28 16:49:57 +0530 2 For Applicants : Mr. Ravipal Maheshwari, Advocate For Respondent No.1 : Mr. Nishant Bhanushali, Advocate For Respondent No.3 : Mr. Rahul Tamaskar, Govt. Advocate Hon'ble Shri Sanjay K. Agrawal and Hon'ble Shri Radhakishan Agrawal, JJ. Order on Board (28.10.2025) Sanjay K. Agrawal,J 1. Heard. 2. This MCC has been filed by the Applicants under Order 44 Rule 1 of Code of Civil Procedure (CPC) being aggrieved by the impugned judgment & decree dated 02.12.2021, passed in Civil Suit No.06-A/2019 passed by the learned First Additional District Judge, Janjgir, District – Janjgir-Champa (C.G.). 3. Learned Counsel appearing for the Applicants submits that the Applicants were exempted for payment of court fee by the Trial Court vide order dated 04.05.2019 and still their position has not changed as indigent persons. Therefore, it is prayed that the Applicants may be permitted from exemption of filing the court fee. 4. Learned State Counsel was noticed by order dated 09.09.2025 to file the reply, further on 16.09.2025 and 22.09.2025 time was granted to file reply and to make an inquiry 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 Applicants were indigent persons before the trial Court and still their position is not changed as indigent persons, therefore, in view 3 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 Applicants can be permitted to sue as indigent persons. Accordingly, the present MCC stands allowed. Applicants are exempted to pay the court fee and are permitted to contest and continue the first appeal as indigent persons. 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