LAWS(MPH)-2015-10-34

SHANTI Vs. EXECUTIVE ENGINEER

Decided On October 07, 2015
SHANTI Appellant
V/S
EXECUTIVE ENGINEER Respondents

JUDGEMENT

(1.) With the consent, finally heard.

(2.) This petition is directed against the order dated 08.07.2011 whereby application of petitioner filed under Section 151 CPC is rejected by the court below. The petitioner's another application under Order 47 Rule 1 CPC is rejected by order dated 09.09.2011, Annexure P -2. This order is also called in question.

(3.) Draped in brevity, the relevant facts are that the petitioner filed a civil suit for compensation contending that her son Jitendra died on 31.01.2008 due to electrocution and respondent No.1 and 2 are responsible for supply and maintenance of electricity. In the said suit, an application under Section 151 CPC was filed stating that plaintiff does not have any movable, immovable property and, therefore, she is not capable to pay the court fees. She sought exemption from payment of court fees as per the State Government notification dated 01.04.1983.