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Report No. 27

Order XLIV, rule 1(2)

Order 44, rule 1(2) provides that an application by a pauper for leave to appeal as a pauper must be rejected unless he can show that the decision is erroneous, etc. A suggestion has been put forth that this provision is unconstitutional under Articles 13 and 14 (since no such restriction is applicable to appeals by non-paupers). It is, however, felt that the existing provision is prima facie reasonable, as it is intended to prevent frivolous appeals by a pauper. It can be justified on the ground that a person who has failed in one-court should show aprima facie case before he can be permitted to appeal as a pauper. It need not, therefore, be disturbed.

Order XLIV, rule 1A (New)

This is new and is inserted to empower the court to grant time for payment of court-fees when the application for appeal as a pauper has failed1.

1. Compare Order 33, rule 15A (proposed).

Order XLIV, rule 2

The changes are verbal, as a provision for defence of a suit as a pauper is being added1. As to filing cross-objections, see Order XLI, rule 22(5).

Revision and Stay of Execution

Detailed provisions regarding stay of execution by the Revising Court were recommended in the Fourteenth Report2. No amendments have, however, been proposed on these points, as it is considered that since revision is a matter of discretion, a statutory provision is not required3.

1. See Order 33, rule 17 (proposed).

2. 14th Report, Vol. I.

3. See also the body of the Report.

Code of Civil Procedure, 1908 Back

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