Order XLIV: Appeals by Indigent Persons

Code of Civil Procedure • First Schedule Official Statutory Text & Practice Guide

Statutory Civil Practice
Mandatory Procedure
Competent Civil Court
First Schedule

Legal Commentary & Landmark Judgments: Order 44

Order XLIV regulates appeals by indigent persons, enabling persons unable to pay appellate court fees to prefer appeals without advance fee payment upon establishing indigence.

  • Application for Leave to Appeal as Indigent [R. 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.
  • Inquiry into Indigence [R. 2 & 3]: Where applicant was allowed to sue as an indigent person in the trial court, no further inquiry into means is required unless the opposite party alleges cessation of indigence.
  • Independent Appeal Hearing: Once leave is granted, the appeal is heard and determined in all respects as a regular first or second appeal.
  • Rejection Remedy: If application is rejected, court allows time to pay required court fees before dismissing the appeal.
Key Landmark Precedents:
  • Mathai M. Paikeday v. C.K. Antony, (2011) 13 SCC 174: The Supreme Court authoritatively held that under Order 44, access to appellate justice cannot be obstructed by poverty; an appellant who was an indigent person in the trial court is presumed indigent on appeal unless contrary evidence is adduced.
  • Union of India v. Khader International Construction, (2001) 5 SCC 22: Affirmed that Order 44 procedural safeguards apply to all appellants unable to tender appellate court fees.
Courtroom Practice & Strategic Litigation Guidance:

If your client was declared an indigent person during trial under Order 33, attach a copy of the trial court's indigence order to your Order 44 appeal memorandum; under Rule 2, no fresh inquiry is required.