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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XLIV: Appeals By Indigent Persons

Order XLIV Rule 1 CPC: Who may appeal as an indigent person

Bare Act text

1. Who may appeal [as an indigent person]. —[(1)] Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal, and may be allowed to appeal as an [indigent person], subject, in all matters, including the presentation of such application, to the provisions relating to suits by [indigent persons], in so far as those provisions are applicable.

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Amendment notes

  1. Subs. by s. 90, ibid., for “as pauper” (w.e.f. 1-2-1977).
  2. Rule 1 re-numbered as sub-rule (1) by Act 66 of 1956, s. 14.
  3. Subs. by Act 104 of 1976, s. 90, for “pauper” and “paupers” respectively (w.e.f . 1-2-1977),
  4. Proviso omitted by Act 66 of 1956, s. 14.
  5. Sub-rule (2) ins. by s. 14, ibid. and omitted by Act 104 of 1976, s. 90 (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Any person entitled to appeal who cannot pay the fee on the memorandum of appeal may present an application with the memorandum and be allowed to appeal as an indigent person. The provisions on suits by indigent persons apply to the application and in all matters, so far as they can be applied. The 1976 amendment replaced the word 'pauper' with 'indigent person'.

Order XLIV: Appeals By Indigent Persons

  1. 1 Who may appeal as an indigent person
  2. 2 Grant of time for payment of Court-fee
  3. 3 Inquiry as to whether applicant is an indigent person
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