ORDER XLIV – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

ORDER XLIV. [APPEALS BY INDIGENT PERSONS]

 

ORDER XLIV. 1[APPEALS BY INDIGENT PERSONS]

 

1. Subs. by Act No. 104 of 1976 for “PAUPER APPEALS” (w.e.f. 1-2-1977)

 

1. Who may appeal 1[as an indigent person]

 

(1) 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 an 2[indigent person], subject, in all matters, including the presentation of such application, to the provisions relating to suits by 3[indigent , persons], in so far as those provisions are applicable.

 

4* * * * *

 

5* * * * *

 

1. Subs. by Act No. 104 of 1976 “as pauper” (w.e.f. 1-2-1977)

 

2. Subs.by Act No. 104 of 1976 “pauper” (w.e.f. 1-2-1977)

 

3. Subs.by Act No. 104 of 1976 “paupers” (w.e.f. 1-2-1977)

 

4. Proviso omitted by Act 66 of 1956, sec. 14 (w.e.f. 1-1-1957)

 

5. Sub-rule (2) Omitted by Act No. 104 of 1976, (w.e.f. 1-2-1977).

 

 

HIGH COURT AMENDMENT

 

 

Andhra Pradesh–In Order XLIV, in rule 1, in sub-rule (1), insert the following proviso, namely:-

 

“Provided that in case where the appeal is presented to the High Court, the application for permission to appeal as pauper may be presented by the applicant in person or by his or her authorised agent or by an Advocate.” (w.e.f. 30-4-1970)

 

1 [2. Grant of time for payment of court-fee

 

Where an application is rejected under rule 1, the Court may, while rejecting the application, allow the applicant to pay the requisite Court-fee, within such time as may be fixed by the Court or extended by it from time to time; and upon such payment, the memorandum of appeal in respect of which such fee is payable shall have the same force and effect as if such fee has been paid in the first instance.

 

1. Subs. by Act No. 104 of 1976, sec. 90, for rule 2 (w.e.f. 1-2-1977)

 

3. Inquiry as to whether applicant is an indigent person

 

(1) Where an applicant, referred to in rule 1, was allowed to sue or appeal as an indigent person in the Court from whose decree the appeal is preferred, no further inquiry in respect of the question whether or not he is an indigent person shall be necessary if the applicant has made an affidavit stating that he has not ceased to be an indigent person since the date of the decree appealed from; but if the Government pleader or the respondent disputes the truth of the statement made in such affidavit, an inquiry into the question aforesaid shall be held by the Appellate Court, or, under the orders of the Appellate Court, by an officer of the Court.

 

(2) Where the applicant, referred to in rule 11, is alleged to have become an indigent person since the date of the decree appealed from, the inquiry into the question whether or not he is an indigent person shall be made by the Appellate Court or, under the orders of the Appellate Court, by an officer of that Court unless the Appellate Court considers it necessary in the circumstances of the case that the inquiry should be held by the Court from whose decision the appeal is preferred.]

 

HIGH COURT AMENDMENT

 

Allahabad.-In Order XIV, for rule 3, substitute the following rule, namely:-

“3. Inquiry as to whether applicant is an indigent person.- The inquiry into the question whether or not the applicant referred to in rule 1, is an indigent person shall be made by the Appellate Court or under the orders of the Appellate Court by an officer of that Court unless the Appellate Court consider it necessary, in the circumstances of the case, that the inquiry should be held by the Court from whose decision the appeal is preferred;

 

Provided that if such applicant was allowed to sue or appeal as an indigent person in the Court from whose decree the appeal is preferred, no further inquiry in respect of the question whether or not he is an indigent person shall be necessary if the applicant has made an affidavit stating that he has not ceased to be an indigent person since the date of the decree appealed from, but if the Government pleader or the respondent disputes the truth of the statement made in such affidavit, an inquiry into the question aforesaid shall be made in the manner stated above.” (w.e.f. 25-4-1987)

 

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Civil Procedure Code 1908

 

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