Rule 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, to the provisions relating to suits by indigent persons, in so far as those provisions are applicable.
Rule 2.
Grant of time for payment of court-fee
Where an application is rejected under rule 1, the Court may, while rejecting the application, allow the applicant time to pay the requisite court-fee, and upon such payment the memorandum of appeal shall have the same force and effect as if the fee had been paid in the first instance.
Rule 3.
Inquiry as to whether applicant is an indigent person
(1)Where an applicant was allowed to sue as an indigent person in the trial court, no further inquiry shall be necessary if he files an affidavit that he has not ceased to be indigent.
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.
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.