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Bare acts > Code of Civil Procedure, 1908 > Order 44 Rule 1


1. Who may appeal 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 indigent person, subject, in all matters, including the presentation of such application, to the provisions relating to suits by indigent persons, in so far as those provisions are applicable:


Andhra Pradesh.- To sub-rule (1) of Rule 1 or Order XLIV in the said Schedule, the following proviso shall be added:—

“Provided that in case where the appeal is presented in 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,” (R.O.C. No. 338 of 69-B), (30.4.1970).

Rajasthan.- (Noti. No. 33/SRO of 21.7.1954) - Add the following as Rule 1-A:---

“1 -A. 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 time to be fixed by it; 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 had been paid in the first instance.” (14.8.1954).






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