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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.
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.
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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:-
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