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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 inquiry.

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 particular case.

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 Order, 1954.

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 appeal.

 

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.

 

SUPREME COURT RULES 2013

PART I GENERAL

Order I - Interpretation etc

Order II - Offices of the Court sittings and vacation etc

Order III - Officers of the court etc

Order IV - Advocates

Order V - Business in chambers

 

 

Order VI - Constitution of Division Courts and Powers of a Single Judge

Order VII - Proceedings by or against minors or persons of unsound mind

Order VIII - Documents

Order IX - Affidavits

Order X - Inspection, Search etc

 

 

Order XI - Notices of Motion

Order XII - Judgments, Decrees and Orders

Order XIII - Copying

Order XIV - Payment into and out of court of suitors funds

Order XV - Petitions Generally

 

 

PART-II
APPELLATE JURISDICTION
(A) GENERAL

Order XVI - Hearing of Appeals

Order XVII - Miscellaneous

Order XVIII - Appeals and Applications by indigent person

(B) CIVIL APPEALS

Order XIX - Appeals on Certificate by High Court

(C) CRIMINAL APPEALS

Order XX - Criminal Appeals

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