Order 48 — Proceedings in Forma Pauperis

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

A person may sue or defend in forma pauperis if he satisfies the Court that he has reasonable grounds for suing or defending and that he is not possessed of means to enable him to pay the fees and costs of the proceedings.

(1) An applicant for leave to sue or defend in forma pauperis shall file an affidavit stating:

(a) the nature of the claim or defence;

(b) that he has reasonable grounds for suing or defending;

(c) that he is not possessed of means to enable him to pay the fees and costs of the proceedings;

(d) the amount and sources of his income and the particulars of his property.

Where leave is granted, the applicant shall not be required to pay any fees or costs in respect of the proceedings, and the Court may assign a Legal Practitioner to represent him.

(1) The Court may, before granting leave, require the applicant to give such evidence as it deems necessary to verify the matters stated in the affidavit.

(2) If the Applicant pays or agrees to pay any money to any person whatsoever either in connection with the application or the action taken or defended thereunder, the order appointing the Legal Practitioner shall be revoked.

(3) If the Legal Practitioner assigned to the Applicant discovers that the Applicant is possessed of means beyond those stated in the affidavit, if any, the Legal Practitioner 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 assigned to the Applicant 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 order, notice or application on behalf of the Applicant, except an application for the discharge of the Applicant’s Legal Practitioner, shall be signed by the Legal Practitioner, who shall take care that no application or notice is made or given without reasonable cause.