Order 13 — Proceedings in Indigent Persons
Rule 1 Application for Leave.
Any party may apply to the Court for leave to prosecute or defend an appeal as an indigent person. Such application shall be by notice of motion, supported by an affidavit, and shall be served on the other parties to the proceedings. No fee shall be payable on filing of any such application.
Rule 2 Conditions for Leave.
No party shall be permitted to proceed with the prosecution or defence of an appeal as an indigent person unless he satisfies the Court that he is indigent.
Rule 3 Effect of Leave.
A person permitted to proceed with the prosecution or defence of an appeal as an indigent person shall not be liable to pay any of the Court fees prescribed by these Rules or be required to make the deposit against costs as prescribed by Order 8 Rule 11.
Rule 4 Review of Leave.
The Court may for good cause shown, review, rescind or vary an order permitting any person to proceed with the prosecution or defence of an appeal as an indigent person.
Rule 5 Costs in Proceedings by Indigent Persons.
(1) Leave to proceed with the prosecution or defence of an appeal as an indigent person shall not exempt such person from liability to an order for costs in favour of his opponent.
(2) Where an indigent person is not awarded costs in the proceedings, no fees shall be taken from him by a legal representative assigned to him by the Court.
(3) Where an indigent person is awarded costs against his opponents, he shall be entitled to include and receive in such costs the fees of any legal representative assigned to him by the Court and all other fees and costs remitted by his admission to proceed with the prosecution or defence of an appeal as an indigent person.