This document discusses rules related to appeals by indigent persons in India. [1] Rule 1 allows indigent persons to appeal by presenting an application and memorandum of appeal. [2] When considering an application under Rule 1, the court only determines if the applicant is indigent and not the merits of the case. [3] Rejection of an application does not mean the appeal lacks merit, only that indigence was not proven.

1. Order 44
Appeals by Indigent Persons

2. Rule 1- who may appeal [as an
indigent person]-
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 [indigent person]

3. Scope of Rule 1 of Order 44
The result is that when an application made under Rule 1 of
Order 44, comes up for hearing, the only question which has
to be considered is whether the applicant is an indigent
person or not.
Any questions relating to the merits of the case, does not
arise for consideration at that stage.
A rejection of the application under Rule 1 can only mean
that the court is not satisfied about the claim of the
applicant that he is an indigent person and nothing more.
It does not amount to a finding that the appeal is not fit for
admission on merits.

4. Before the Amendment Act of 1976.
Certain restrictions were imposed on the right of an
indigent person to prefer an appeal under Sub-rule (2) of
Rule 1.
Sub-rule (2) of Rule 1 provides
the court shall reject the application to appeal in forma
pauperis, unless it is shown that the decree is contrary to
law or to some usage having the force of law, or is other
wise erroneous or unjust.
This restriction was considered to be unjust an was so
deleted by the Law Commission and the indigent person
may also file an appeal on all the grounds available to an
ordinary person.
An indigent person can also file cross-objection.

5. Cross-Objection
Though there is no specific provisions for filing cross-
objection in forma pauperis, the principle underlying
Order 44, Rule 1, would be applicable.

6. Power and Duty of Court
The question before the court during the hearing of
an application is whether an applicant is an indigent
person or not.
If he is then the application will be allowed and the
memorandum of appeal will be registered and if he is
not, the application will be rejected.

7. Payment of Court fees: Rule 2
Shahzadi Begam v Alakh Nath AIR 1935 All 620
The rejection of an application for leave to appeal as
an indigent person does not ipso facto result in the
rejection of the memorandum of appeal filed along with
the application.
It only means that the court is not satisfied about the
claim of the applicant as an indigent person.
Rule 2-
Empowers the court to grant time for payment of
court fees when the application for leave to appeal as
an indigent person is rejected.

8. Limitation
Time period for presenting an application for leave to
appeal as an indigent person to the High Court is sixty
days and to the other courts is thirty days.
The limitation starts from the date of the decree
appealed from.