Order XVIII - Appeals and Applications by indigent person : Supreme Court Rules 2013
What is Appeals and Applications by indigent person? Order XVIII of Supreme Court Rules 2013
Order XVIII of Supreme Court Rules 2013 : "Appeals and
Applications by indigent person"
1. An application for leave to proceed as an indigent person
shall be made on a petition. It shall be accompanied by:
(a) a copy of the petition of appeal and the documents
referred to in Rule 3 of Order XIX, or of the petition for
special leave and the documents mentioned in rule 4 of Order
XXI, as the case maybe, and
(b) an affidavit from the petitioner disclosing all the
properly to which he is entitled and the value thereof other
than his necessary wearing apparel and his interest in the
subject-matter of the intended appeal and stating that he is
unable to provide security or surety for the cost of respondent
and pay Court fees.
2. The Registrar shall, on satisfying himself that the
petition is in order, direct that the petition shall be
registered and set down for hearing before the Chamber Judge on
a date to be fixed for the purpose.
3. The application shall be posted before the Judge in
Chambers who may himself inquire into the indigency of the
petitioner after notice to the other parties in the case and to
the Attorney-General, Or make an order directing the High Court
either by itself or by a Court subordinate to the High Court, to
investigate the indigency after notice to the parties interested
and submit a report thereon within such time as may be fixed by
the order. On receipt of the report, the petition shall again be
posted before the Judge in Chambers for further orders:
Provided that, if the applicant 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 his indigency
shall be necessary, unless this Court sees cause to direct such
4. In granting or refusing leave to appeal as an indigent
person, the Court shall ordinarily follow the principles set out
in Order XXXIII of the Code.
5. Where a petitioner obtains leave of the Court to appeal as
an indigent person he shall not be required to pay Court fees on
the documents filed in the case or fees payable for service of
process. He shall, however, be required to pay fees for
obtaining copies of any documents or orders.
6. The Judge in Chambers may assign an advocate-on-record to
assist an indigent person in the case, unless the indigent
person has made his own arrangement for his representation. Such
assignment shall ordinarily be from a panel of advocates willing
to assist indigent persons and chosen by the Judge in Chambers.
It shall however be open to the Judge in Chambers in his
discretion to assign an advocate outside the panel in any
7. (1) No fees shall be payable by an indigent person to his
advocate, nor shall any such fees be allowed on taxation against
the other party except by an order of Court. The advocate may
however receive from the indigent person money for out of pocket
expenses, if any, properly incurred in the case.
(2) It shall be open to the Court, if it thinks fit, to award
costs against the adverse party or out of the properly decreed
to an indigent person and direct payment of such costs to the
advocate for the indigent person.
(3) Save as aforesaid no person shall take or agree to take
or seek to obtain from an indigent person any fee, profit or
reward for the conduct of his case, and any person who takes,
agrees to take or seeks to obtain, any such fee, profit or
reward, shall be guilty of Contempt of Court.
(4) Soon after an appeal by an indigent person has been heard
and disposed of, the advocate for the indigent person shall file
in the Registry a statement of account showing what moneys, if
any, were received by him in the case on any account from the
indigent person or from any person on his behalf and the
expenditure incurred. If no moneys had been received, a
statement shall be filed to that effect. The Taxing Officer may,
where he thinks it necessary, place the statement filed before
the Judge in Chambers for his perusal and orders.
8. Where the appellant succeeds in the appeal, the Registrar
shall calculate the amount of Court-fees which would have been
paid by the appellant if he had not been permitted to appeal as
an indigent person and incorporate it in the decree or order of
the Court; such amount shall be recoverable by the Government of
India from any party ordered by the Court to pay the same, and
shall be the first charge on the subject-matter of the appeal.
9. Where the appellant fails in the appeal or the permission
granted to him to sue as an indigent person has been withdrawn,
the Court may order the appellant to pay the Court-fees which
would have been paid by him if he had not been permitted to
appeal as an indigent person.
10. The Central Government shall have the right at any time
to apply to the Court to make an order for the payment of
Court-fees under rule I or rule 9.
11. (1) Where the party is not represented by an Advocate of
his choice, the Court may in a proper case, direct the
engagement of an Advocate from panel of Supreme Court Legal
Services Committee or at the cost of the State. The fee of the
Advocate engaged at the cost of State shall be such as may, from
time to time, be fixed by the Chief Justice, unless otherwise
directed by the Court.
(2) After the hearing of the matter is over, the Registrar,
the Additional Registrar or the Deputy Registrar shall issue to
the Advocate where engaged at the cost of State, a certificate
in the prescribed form, indicating therein, the name of the said
Advocate and the amount of fees payable to him.
(3) The State concerned shall pay the fees specified in the
certificate issued under sub-rule (2) to the Advocate named
therein within three months from the date of his presenting
before it his claim for the fees supported by the certificate.
If the fees are not paid within the period above-said, the
Advocate shall be entitled to recover the same from the State
concerned by enforcement of the certificate as an Order as to
costs under the Supreme Coon (Decrees and Orders) Enforcement
Explanation.- For the purposes of this rule, the term "State"
shall include a Union Territory.
12. All matters arising between the Central Government and
any party to the appeal under the three preceding rules shall be
deemed to be questions arising between the parties to the
13. In every appeal by an indigent person the
Registrar shall, after the disposal thereof, send to the
Attorney-General for India a memorandum of the court
fees payable by the indigent person.
14. No appeal or other proceeding begun, carried on or
defended by an indigent person shall be compromised or
discontinued without the leave of the Court.
15. Any respondent, who desires to defend, may be allowed to
set up the defence as an indigent person, and the rules
contained in this Order shall, so far as may be, apply to him as
if he were a petitioner moving the petition for leave to proceed
as an indigent person.