Order 38 — Proceedings in Forma Pauperis

The provision of this order shall remain in force until a statutory provision is made for legal aid in connection with a civil proceeding before the Court and thereupon shall cease to have effect.

The Judge may admit a person to sue or defend in forma pauperis, except in a bankruptcy proceeding, if satisfied that:

(a) his means do not permit him to employ legal aid in the prosecution of his case; and

(b) he has reasonable grounds for suing or defending as the case may be.

(1) The application shall, if the Judge so directs, be accompanied by an affidavit signed and sworn by the applicant himself stating that the applicant satisfied the requirements of rule 2 of this order as to his means, and setting forth the material fact on which he relies in his desire to sue or defend, distinguishing between the fact which is within his personal knowledge and the fact he bases on information and belief, and in the latter case, setting forth the sources of his information and belief.

(2) Where the application is in the opinion of the Judge, worthy of consideration it shall be referred to a legal practitioner willing to act, and unless the legal practitioner certifies that in his opinion the applicant has good cause of action or good ground of defence, as the case may be, the application shall be refused.

Any Court fee 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 right, and a person so admitted to sue or defend shall not, unless the Court otherwise orders, be liable to pay or be entitled to receive any cost.

On granting the application, a Judge may assign to the applicant any legal practitioner willing to be so assigned, and the applicant shall not discharge the assigned legal practitioner except with leave of the Court or of a Judge in chambers.

(1) Neither the legal practitioner whose opinion is sought nor the legal practitioner assigned to the applicant or any other person shall, except by leave of the Court or of a Judge in chambers, take or agree to take or seek to obtain any payment from the applicant or any other person in connection with the application or the action taken or defended.

(2) Where the applicant pays or agrees to pay money to any person in connection with his application or the action taken or defended, his application shall be refused or, if already granted, the order granting it shall be rescinded.

(3) Where the legal practitioner assigned to the applicant discovers that the applicant is possessed of means beyond those stated in the affidavit, if any, he shall go once report the matter in writing to the Registrar.

(1) The Judge may at any time revoke the order granting the application and the applicant shall not be entitled to the benefit of this provision in any proceeding to which the application relates unless otherwise ordered.

(2) The applicant and the legal practitioner assigned to him shall not discontinue, settle or compromise the action without the leave of the Court or of a Judge in chambers.

The Court may order payment to be made to the legal practitioner assigned out of any money recovered by the applicant or may charge in favour of the legal practitioner assigned, upon any property recovered by the applicant, a sum which in the circumstances may seem fit.

A writ, notice 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 take care that no application or notice is made or given without reasonable cause.

A person shall not be permitted to appeal in forma pauperis, except by leave of the trial or the appellate Court, and shall be on ground of law.