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;
Procedureon 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.