Order 44 — Proceedings in Forma Pauperis

This Order shall apply to proceedings in respect of which there is no statutory provisions for Legal Aid.

A Judge may authorise a person to sue or defend in forma pauperis if satisfied that:
(1) his means do not permit him to employ legal representation in the conduct of his case, and
(2) he has reasonable grounds for suing or defending as the case may be.

(1) A person seeking relief under this Order shall write an application to the Chief Judge accompanied by an affidavit, signed and sworn to by the Applicant himself, stating that by reason of poverty, the material facts of which shall be stated in the said affidavit, that he is unable to afford the services of a Legal Practitioner.

(2) Where in the opinion of the Chief Judge the application is worthy of consideration, the Chief Judge shall appoint a Legal Practitioner to act for the Applicant.

(3) Where a Legal Practitioner is so appointed, the Applicant shall not discharge the Legal Practitioner except with the leave of the Chief Judge.

Court fees payable by a person admitted to sue or defend in forma pauperis may be remitted either in whole or in part as a Judge may deem fit and a person so admitted to sue or defend shall not, unless the Judge otherwise orders, be liable to pay or be entitled to receive any costs.

(1) The Legal Practitioner appointed for the Claimant shall not, except by leave of the Chief Judge, take or agree to take or seek to obtain any payment whatsoever from the Applicant or any other person connected with the Applicant or the action taken or defended thereunder.

(2) Where the Applicant pays or agrees to pay money to any person whatsoever either in connection with his application or the action taken or defended thereunder, his application shall be refused, and if already granted, revoked.

(3) Where the Legal Practitioner appointed for the Applicant discovers that the Applicant is possessed of means beyond those stated in the affidavit, if any, he shall at once report the matter in writing to the Registrar.

(1) The Chief Judge may at any time revoke the Order granting the application and thereupon the Applicant shall not be entitled to the benefit of this Order in any proceedings to which the application relates unless otherwise ordered.

(2) Neither the Applicant nor the Legal Practitioner appointed for him shall discontinue, settle or compromise the action without the leave of a Judge.

The Judge may order payment to be made to the Legal Practitioner out of any money recovered by the Applicant or may charge in favour of the Legal Practitioner upon any property recovered by the Applicant, such sum as in all the circumstances the Judge may deem fit.

Every process, document or application on behalf of the Applicant except an application for the discharge of his Legal Practitioner, shall be signed by his Legal Practitioner, who shall ensure that no process, document or application is made or filed without reasonable cause.

A person shall not appeal in forma pauperis except by leave of the trial or the appellate Court and only on grounds of law; and where leave is so granted, the provisions of this Order shall apply mutatis mutandis to all proceedings on the appeal.