Order 52 — Proceedings in Forma Pauperis

If an aggrieved party in a matter before the Court is indigent and has no means of prosecuting the case, such an aggrieved person may orally apply to the Court under forma pauperis seeking the assistance of the Court to prosecute the matter.

(1) When an application is made under rule 1 of this Order and the Court is satisfied that the applicant is indigent and has no means of prosecuting the applicant’s matter, the Court may grant an order for the applicant to sue or defend in forma pauperis.

(2) The Judge may admit a person to sue or defend in forma pauperis, if satisfied that the person’s means do not permit the person to brief a legal practitioner to prosecute the case and that there is a reasonable ground for suing or defending the action.

(3) The applicant shall through the Registry of the Court obtain and fill Form 1 and no fees shall be paid for any process filed by the applicant.

(1) The application shall, if the Court so directs, be accompanied by an affidavit signed and sworn to by the applicant personally stating that the applicant satisfies the requirements of Rule 2 of the Order as to the applicant’s means, and setting forth all the material facts on which the applicant relies in the desire to sue or defend, distinguishing between those which are within the applicant’s personal knowledge and those which are based on information and belief, and in the latter case, setting forth the sources of applicant’s information and belief.

(2) If in the opinion of the Court the application is worthy of consideration, it shall be referred to a legal practitioner willing to act pro bono.

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

On granting the application, the Court may assign to the applicant any legal practitioner willing to be so assigned, and any legal practitioner so assigned shall not be discharged by the applicant except with leave of the Court.

(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, take or agree to take or seek to obtain any payment whatsoever from the applicant or any other person in connection with the application or the action taken or defended thereunder.

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

(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 of the Court.

(1) The Court may at any time revoke the order granting the application and thereupon the applicant shall not be entitled to the benefit of this provision in any proceeding 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 the Court or of a Judge.

(1) 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, such sum as in all the circumstances may seem just.

(2) Where in the opinion of the Court, it is impossible to pay the legal practitioner as provided in sub-rule (1) of this Rule, the Court may suo motu pay for the services of the legal practitioner.

Every complaint, notice or application on behalf of the applicant, except an application for discharge of the legal practitioner assigned to the applicant, shall be signed by the said legal practitioner who shall take care that no application or notice is made or given without reasonable cause.

No person shall be permitted to appeal in forma pauperis, except by leave of the trial or the appellate Court.