High Court Madhya Pradesh High Court

Kamla Bai vs Hiralal on 3 May, 2010

Madhya Pradesh High Court
Kamla Bai vs Hiralal on 3 May, 2010
                       M.C.C.No.561/2010

   Kamla Bai                              Hiralal & others




3.5.2010
      Shri Sameer Seth, counsel for applicant.
      Office has raised an objection that applicant has not filed
her Vakalatnama, but the Vakalatnama is signed by the Power
of Attorney holder.
      On the objection of office, it is submitted by Shri Seth that
applicant is 82 year old and she has appointed her son Rajendra
Kumar    Jhanwar      as   Power     of   Attorney,    who   has   filed
Vakalatnama and has also filed this appeal in person before the
Registrar.
      Though in the cause title, the applicant has stated her age
as 65 years, but in para 3 of the memo of appeal, in Power of
Attorney and in the application I.A.No.4345/2010 age of
applicant has been shown as 82 years.
      Considering aforesaid, this appeal filed by the Power of
Attorney on behalf of applicant is at present accepted, subject
to objection, if any by the respondents.

M.C.C.No.561/2010.

This is an application under Order 44 Rule 1 C.P.C., and
for the just decision of the case the applicant is directed to
implead State of Madhya Pradesh, through Collector Khandwa
as respondent no.4. The impleadment of State in this
application shall be for limited purpose for holding an enquiry in
respect of indigency of the applicant. Necessary corrections in
the cause title be carried out during the course of the day.

Shri Rahul Jain, learned Dy.A.G., present in the Court is
requested to seek report of Collector, Khandwa in respect of
indigency of the applicant within a period of thirty days from
today and to file it in the Court.

                      M.C.C.No.561/2010

     Kamla Bai                       Hiralal & others




Notice of this application be issued to respondent nos.1 &

2. Steps within a period of one week by Regd. A/D mode.



 (Krishn Kumar Lahoti)                        (G.S.Solanki)
      JUDGE                                     JUDGE

M.