Page No.1 of 3 IN MCC-775-2023 2025:CGHC:43802-DB NAFR HIGH COURT OF CHHATTISARH AT BILASPUR MCC No. 775 of 2023 Ambika Prasad Dewangan S/o Late Dwarkanath Aged About 55 Years Near Railway Gate, Urlaa Ward No. 57, Durg, Tahsil And District- Durg, Cg ... Applicant Versus 1 - State of Chhattisgarh Through Secretary School Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur,, District : Raipur, Chhattisgarh 2 - Director Directorate Of Public Education Chhattisgarh, Indrawati Bhawan, Atal Nagar, Nawa Raipur,, District : Raipur, Chhattisgarh 3 - State Of Chhattisgarh Through District- Collector, Durg,, District : Durg, Chhattisgarh 4 - State Of Chhattisgarh District Education Officer, Durg,, District : Durg, Chhattisgarh 5 - State Of Chhattisgarh Block Education Officer, Durg,, District : Durg, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Applicant : Mr. HB Agrawal, Senior Advocate assisted by Ms. A. Sandhya Rao, Advocate For Respondent-State : Mr. Rahul Tamaskar, Government Advocate ------------------------------------------------------------------------------------------------- Division Bench Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Shri Justice Sachin Singh Rajput Judgment on Board (22.08.2025) Sanjay K. Agrawal, J 1. Heard on IA No.01, which is an application seeking condonation of delay of 139 days in filing this MCC. SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 3 IN MCC-775-2023 2. For the reasons stated in the application, the same is allowed. 3. Consequently, delay of 139 days in filing this MCC is hereby condoned. 4. With the consent of the parties, also heard finally. 5. This application (MCC) has been filed under Order 33 Rule 2 of the Code of Civil Procedure (CPC) seeking permission to contest and continue first appeal challenging the order dated 24.03.2023, passed by 8th Addl. District Judge, Durg, as indigent person. 6. Mr. HB Agrawal, learned Senior Counsel appearing for the applicant submits that the applicant herein has no source of income to pay the court fees in the first appeal. He used to reside alongwith his brother and sister jointly, who are illiterate and unmarried. Learned Senior counsel vehemently argued that the applicant is the sole bread winner for all of his brothers and sister. As such, the applicant is an indigent person and having no means to pay the required court fees to the tune of Rs.9,76,316/- in the first appeal. Hence, permission may be granted to the applicant to continue the first appeal as an indigent person. 7. On the other hand, learned State counsel would oppose the submissions made by learned Senior Counsel for the applicant and prays for dismissal of this application. 8. We have heard learned counsel appearing for the respective parties, considered their rival submissions made hereinabove and went Page No.3 of 3 IN MCC-775-2023 through the record with utmost circumspection. 9. Since the applicant is stated to have no source of income and filed affidavit in support of the application and same also remained uncontroverted and further considering the reply filed by the respondent-State, we are of the considered opinion that the applicant can be permitted to sue as an indigent person. Accordingly, the present MCC is allowed. The applicant is permitted to contest and continue the first appeal against the order dated 24.03.2023, passed by 8th Addl. District Judge, Durg, as an indigent person. 10. 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) (Sachin Singh Rajput) Judge Judge s@if