LAWS(MPH)-2018-5-148

YUSUF KHAN Vs. SHEIKH GULAM MOHAMMAD @ SHAHANSHAH

Decided On May 02, 2018
YUSUF KHAN Appellant
V/S
Sheikh Gulam Mohammad @ Shahanshah Respondents

JUDGEMENT

(1.) The petitioner/plaintiff has filed the present petition being aggrieved by order dated 21.2.2014 passed by 3rd Additional District Judge, Ujjain

(2.) Facts of the case, in short, are that the plaintiff filed the suit seeking relief of specific performance of the contract. Along with the suit, he filed an application under Order 33 Rule 3 of the C.P.C. seeking permission to sue as an indigent person. The learned trial Court has dismissed the said application in default.

(3.) Thereafter, the plaintiff filed an application under Order 9 Rule 9 of the C.P.C. seeking restoration of the aforesaid application. During pendency of the application under Order 9 Rule 9 of the C.P.C., the plaintiff filed another application seeking permission of the Court to deposit the Court-fees. Thereupon, the learned trial Court vide order dated 4.7.2013 has permitted the plaintiff to deposit the Court-fees and also directed that the suit be registered under the category 'A'.