Indigent person

order 44
civil procedure code

1. Order 44 Appeals by Indigent Persons

2. Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal, and may be allowed to appeal as [indigent person ] Rule 1- who may appeal [as an indigent person]-

3. The result is that when an application made under Rule 1 of Order 44, comes up for hearing, the only question which has to be considered is whether the applicant is an indigent person or not. Any questions relating to the merits of the case, does not arise for consideration at that stage. A rejection of the application under Rule 1 can only mean that the court is not satisfied about the claim of the applicant that he is an indigent person and nothing more. It does not amount to a finding that the appeal is not fit for admission on merits. Scope of Rule 1 of Order 44

4. Certain restrictions were imposed on the right of an indigent person to prefer an appeal under Sub-rule (2) of Rule 1. Sub-rule (2) of Rule 1 provides the court shall reject the application to appeal in forma pauperis, unless it is shown that the decree is contrary to law or to some usage having the force of law, or is other wise erroneous or unjust.\ This restriction was considered to be unjust an was so deleted by the Law Commission and the indigent person may also file an appeal on all the grounds available to an ordinary person. An indigent person can also file cross-objection. Before the Amendment Act of 1976.

5. Though there is no specific provisions for filing cross-objection in forma pauperis, the principle underlying Order 44, Rule 1, would be applicable. Cross-Objection

6. The question before the court during the hearing of an application is whether an applicant is an indigent person or not. If he is then the application will be allowed and the memorandum of appeal will be registered and if he is not, the application will be rejected. Power and Duty of Court

7. Shahzadi Begam v Alakh Nath AIR 1935 All 620 The rejection of an application for leave to appeal as an indigent person does not ipso facto result in the rejection of the memorandum of appeal filed along with the application. It only means that the court is not satisfied about the claim of the applicant as an indigent person. Rule 2- Empowers the court to grant time for payment of court fees when the application for leave to appeal as an indigent person is rejected. Payment of Court fees: Rule 2

8. Time period for presenting an application for leave to appeal as an indigent person to the High Court is sixty days and to the other courts is thirty days. The limitation starts from the date of the decree appealed from. Limitation