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1/29/19

Appeals by Indigent Persons under Order 44 of the CPC


          Appeals by Indigent Persons under Order 44 of the CPC





          In our last article, we discussed suits by indigent persons under Order 33 of the CPC. In this article, we will discuss the appeals by the indigent persons under Order 44 of the CPC.
             

Introduction:-

                           Under Order 44 there are 3 Rules which deal with the provisions regarding the Appeals by the Indigent Persons. Order 44 rule 1 says that the provisions of order 44 are subject, in all matters, including the presentation of such application, to the provisions of Order 33 insofar as they are applicable.

           For the details Study about the Indigent Person, it's meaning, suits by indigent persons under Order 33 of the CPC, etc..

 Please visit here:- Suits by Indigent Persons

Who may file an appeal (Order 44 Rule 1):-

        
                                                                        Order 44 Rule 1 says that if any person entitled to prefer an appeal, who is unable to pay Court fees required for Memorandum of appeal, may present an application accompanied by a memorandum of appeal, and may be allowed to appeal as an indigent person.

Order 44 rule 2 Grant of time for payment of Court-fee:-


                                                                                                             Where an application is rejected under Rule 1 does not mean that the Memorandum of appeal also rejected. Here it only means that the court is not satisfied with the claim of the applicant that he is an indigent person and nothing more. Rule 2 empowers the court to grant the time to the applicant for payment of the court fees within such time as may be fixed by the court or extended by it from time to time.

Rule 3 Inquiry:-



                                Under Rule 3 if the appellant was allowed to sue as an indigent person in trial court, then no fresh inquiry is necessary if the applicant files an affidavit to the effect that he has not ceased to be an indigent person since the date of the decree appealed from. However, if the government pleader or the respondent disputes the truth of the statement made in such affidavit, inquiry as to whether or not the applicant is an indigent person shall be held by the appellate court, or under its order by an officer of that court.

            And in second situation, where the applicant alleged that he became an indigent person after the date of the decree appealed from, the enquiry into the means of the applicant shall be made by the appellate court or under its order by an officer of that code, or by the trial court if appellate court considers it necessary in the circumstances of the case.

Limitation:-


The period of limitation for presenting an application for leave to appeal as an indigent person to High Court is 60 days and to other court is 30 days. The limitation starts from the date of the decree appealed from.



                                                                            Thanks for reading. 


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