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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 3 CPC: Inquiry as to whether applicant is an indigent person

Bare Act text

3. Inquiry as to whether applicant is an indigent person.—(1) Where an applicant, referred to in rule 1, was allowed to sue or appeal as an indigent person in the Court from whose decree the appeal is preferred, no further inquiry in respect of the question whether or not he is an indigent person shall be necessary if the applicant has made an affidavit stating that he has not ceased to be an indigent person since the date of the decree appealed from; but if the Government Pleader or the respondent disputes the truth of the statement made in such affidavit, an inquiry into the question aforesaid shall be held by the Appellate Court, or, under the orders of the Appellate Court, by an officer of that Court.

(2) Where the applicant, referred to in rule 11, is alleged to have become an indigent person since the date of the decree appealed from, the inquiry into the question whether or not he is an indigent person shall be made by the Appellate Court or, under the orders of the Appellate Court, by an officer of that Court unless the Appellate Court considers it necessary in the circumstances of the case that the inquiry should be held by the Court from whose decision the appeal is preferred.]

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

Where the applicant was allowed to sue or appeal as an indigent person in the Court below, no further inquiry is needed if he files an affidavit that he has not ceased to be indigent since the decree appealed from. If the Government Pleader or the respondent disputes that statement, the Appellate Court, or an officer under its orders, inquires. If he is alleged to have become indigent since the decree, the Appellate Court or its officer inquires, unless the Appellate Court thinks the lower Court should.

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