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Code of Civil Procedure, 1908


ORDER XLIV

PAUPER APPEALS


1.Who may appeal as pauper.-

Any person entitled to prefer an appeal, who is unable to pay who may 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 a pauper, subject, in all matters, including the presentation of such application, to the provisions relating to suits by paupers, in so far as those provisions are applicable;
Procedure on application for admission of appeal.-
Provided that the Court shall reject the application unless, upon a perusal thereof and of the judgment and decree appealed from, it sees reason to think that the decree is contrary to law or to some usage having the force of law, or is otherwise erroneous or unjust.


2.Inquiry into pauperism.-

The inquiry into the pauperism of the applicant may be made either by the Appellate Court or under the orders of the Appellate Court by the Court from whose decision the appeal is preferred:
Provided that, if the applicant was allowed to sue or appeal as a pauper in the Court from whose decree the appeal is preferred ,no further inquiry in respect of his pauperism shall be necessary, unless the Appellate Court sees cause to direct such inquiry.



Code of Civil Procedure, 1908 Back




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