Order XLIV Rule 1 CPC - Who May Appeal as an Indigent Person?
Order XLIV Rule 1 of the Code of Civil Procedure, 1908 (CPC) permits a person who has a legal right to appeal but cannot afford the prescribed court fee to seek permission to appeal as an indigent person.
Text of Order XLIV Rule 1 CPC
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, including the presentation of such application, to the provisions relating to suits by indigent persons, in so far as those provisions are applicable.
Source: Official Code of Civil Procedure, 1908 (India Code PDF). The former proviso and sub-rule (2) have been omitted; they are not current requirements under the central provision.
Meaning and scope of Rule 1
The expression indigent person refers to a person who satisfies the financial eligibility criteria applicable under Order XXXIII Rule 1 CPC. In broad terms, the court examines whether the applicant has sufficient means to pay the prescribed court fee, applying the statutory exclusions and applicable rules. A person is not entitled to this relief merely by claiming financial hardship; the court may examine the relevant financial circumstances.
Order XLIV concerns appeals, whereas Order XXXIII primarily governs suits instituted by indigent persons. Rule 1 applies the relevant provisions of Order XXXIII to an indigent appeal so far as they are applicable.
Who can apply?
- The applicant must be legally entitled to file the appeal under the applicable law.
- The applicant must be unable to pay the court fee required for the memorandum of appeal.
- An application seeking permission to appeal as an indigent person must be presented together with the memorandum of appeal.
- The application must comply with the relevant procedural requirements, including the applicable provisions of Order XXXIII and court rules.
Procedure for filing an appeal as an indigent person
- Identify the right of appeal: Determine the appellate forum, the provision authorising the appeal and the applicable limitation period.
- Prepare the memorandum of appeal: Set out the grounds of challenge in the form required by the CPC and applicable appellate rules.
- File the indigency application: Submit the application with the memorandum of appeal and the particulars or evidence of financial means required under the applicable procedure.
- Attend the inquiry if directed: The court may examine indigency in accordance with Order XLIV Rule 3 and the applicable provisions of Order XXXIII.
- Await the court's decision: If permission is granted, the appeal proceeds subject to the CPC and court directions. Permission to appeal as an indigent person does not itself establish that the appeal will succeed.
Related provisions under Order XLIV
Rule 2 - Time to pay court fee
If an application under Rule 1 is rejected, Order XLIV Rule 2 allows the court to grant or extend time for payment of the required court fee. If the fee is paid within the time allowed, the memorandum of appeal has the same force and effect as if the fee had been paid initially.
Rule 3 - Inquiry into indigency
Under Order XLIV Rule 3(1), an applicant previously permitted to sue or appeal as an indigent person in the court whose decree is appealed from ordinarily need not undergo another inquiry if an affidavit confirms that the applicant has not ceased to be indigent. An inquiry is required if the Government pleader or respondent disputes the affidavit. Rule 3(2) addresses inquiries where the applicant claims to have become indigent since the decree.
Important points to remember
Permission under Order XLIV Rule 1 concerns the ability to pursue an appeal without paying the prescribed appeal court fee at the outset. It does not automatically waive other procedural requirements, extend limitation periods or determine the merits of the appeal. Court-fee consequences and recovery may arise under the applicable provisions.
Frequently asked questions
Can a person who was not indigent during the suit apply at the appeal stage?
Yes. A person who has become indigent after the decree may seek permission, subject to the inquiry contemplated by Order XLIV Rule 3(2).
Is an application alone sufficient?
No. Order XLIV Rule 1 expressly requires the application to be accompanied by a memorandum of appeal.
What happens if permission is refused?
The court may allow time to pay the requisite court fee under Order XLIV Rule 2. Any further steps depend on the court's order and the applicable procedural law.
Official legal reference
Read the Code of Civil Procedure, 1908 on India Code and the official statutory text (PDF). State amendments, High Court rules and court-fee legislation may affect practice in the relevant jurisdiction.
Updated: 13 October 2026. This article provides general legal information, not case-specific legal advice.