Right Of Appeal To Indigent Person Under Code Of Civil Procedure | The National TV
- by Dhyutisha-Rawat
- May 12, 2020 20:28
Appeal by an indigent person
An indigent person is the one who is not possessed of sufficient amount(other than property exempt from attachment in execution of a decree and the subject matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, Or where no such fee is prescribed if he is not entitled to property worth 1000 rupees other than the property exempt from attachment in execution of a decree and the subject-matter of the suit. Provisions of order 44 are made to provide poor person relief showing that, nothing can come in the way of justice, not even poverty.
Order 44 of the Code of Civil Procedure deals with appeals by indigent persons. Order 44 provisions are subjected to provisions of order 33. The object and purpose of order 33 and 44 of the code are to enable a person, who is ridden by poverty, or not possessed of sufficient means to pay a court fee to seek justice.
Any person entitled to prefer an appeal, who is unable to pay court 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 indigent person. On the recommendation of Law Commission, Sub-rule (2) of Rule 1 was removed because it was unjust and discriminatory in nature, which provided that the court shall reject the application of the appeal of forma pauperis unless it shows that decree is contrary to Law or erroneous or unjust. The present position is that the indigent person may also file an appeal on all the grounds that are available to an ordinary person. An indigent person can also file cross-objections.
Rule 3 of order 44 provides that where the appellant was allowed to sue as an indigent person in the trial court, he cannot be inquired again regarding his indigency if the applicant files an affidavit to the effect that he has not ceased to be an indigent person. Unless, such fact has been challenged by the government pleader or the respondent challenges, the plea of indigency of the petitioner in the affidavit. In that case, it becomes the duty of the appellate court to inquire about the matter or inquiry can be held by an officer of that court.
Where the applicant claims that he has become an indigent person after the date of the decree appealed from, an inquiry shall be made by the appellate court or under its order by an officer of that court or by the trial court, if the court finds it necessary.
Rule 2 of order 44 empowers the court to grant time for payment of court fees when the application for leave to appeal as an indigent person is rejected.
The period of limitation for presenting an application for leave to appeal as in indigent person to the High court is not more than 60 days and to other court is 30 days and time starts from the date of the decree appealed from.
The provision of order 44 and 33 are wholly meant for the comfort of the poor people, who are unable to pay the court fees. Order 33 and order 44 of the Code of civil procedure exempts such indigent person from paying requisite court fee at the first instance and allows him to institute the suit or prosecute appeal as forma pauperis.
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