1 CGHC010145102025 2026:CGHC:35615-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 410 of 2025 1 - Smt. Binda Bai Sahu W/o Late Guhri Sahu Aged About 60 Years R/o Ward No. 05 Chikhali Near Shiv Mandir Rajnandgaon Tahsil And District - Rajnandgaon Chhattisgarh (Plaintiff) ... Applicant Versus 1 - Pawan Kumar Chouhan S/o Late Hawa Singh Aged About 25 Years R/o Koshtha Para Tilai Tahsil Berla District - Bemetara (C.G.) (Defendants) 2 - Kejuram Sahu S/o Sadiya Ram Sahu Aged About 38 Years R/o Village Gathula Post Bori Tahsil And District - Rajnandgaon (C.G.) 3 - Sheikh Vafid S/o Abdul Sharif Aged About 31 Years R/o Shantinagar Ward No. 11, Rajnandgaon (C.G.) 4 - Sheikh Irfan S/o Abdul Sharif Aged About 27 Years R/o Shantinagar Ward No. 11, Rajnandgaon (C.G.) 5 - State Of Chhattisgarh Through Collector Rajnandgaon Chhattisgarh ... Respondent For Applicant : Mr. Mirza Hafeez Baig, Advocate For Respondents No. 3 & 4 : Ms. Priyanka Rai, Advocate For Respondent No. 5/State : Mr. Atanu Ghosh, Dy. Government Advocate DB: Hon'ble Shri Parth Prateem Sahu, Judge Hon’ble Shri Sachin Singh Rajput,Judge ORDER ON BOARD 12/08 /2026 2 1. Heard. 2. This is an application under Order 44 Rule 1 & 3 of the Code of Civil Procedure, 1908 filed by the applicant seeking exemption from payment of court fees and to sue the First Appeal as an indigent person. 3. Learned counsel for the appellant submits that the applicant is a poor lady living below the poverty line and therefore, unable to pay the requisite court fee. 4. Learned counsel for the Respondent No. 5/State submits that pursuant to the order passed by this court, reply has been filed to the MCC along with the enquiry report of the Tehsildar. According to the enquiry report, income of the appellant is Rs. 12,000/- per annum which is less than the income as provided under the notification under Section 35 of the Court Fees Act, 1870 for exempting payment of the court fees. 5. On due consideration of the submission of counsel for the parties, we are inclined to allow this MCC and permit the applicant+ to sue the First Appeal as an indigent person. 6. Accordingly, this MCC is allowed. Applicant is exempted from payment of court fee required for the memorandum of appeal. Registry is directed to register the First Appeal filed by the appellant and list it before the appropriate Bench having roster. Certified copy as per rules. Sd/- Sd/- (Parth Prateem Sahu) (Sachin Singh Rajput) Judge Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY