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Bare acts > Code of Civil Procedure, 1908 > Order 44 Rule 3
 
   


 

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 that 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.- For Rule 3 of Order XLIV, the following rule shall be substituted:

“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.”. (25.4.1987).

 

 

 

 

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