Order XLIV Rule 2 CPC: Grant of Time for Payment of Court Fee
Order 44 Rule 2 of the Code of Civil Procedure, 1908 (CPC), allows an appellate court to grant time to pay the required court fee when it rejects an application for permission to appeal as an indigent person. Payment within the permitted time gives the memorandum of appeal the same effect as if the fee had been paid at the outset.
Text of Order XLIV Rule 2 CPC
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 to pay the requisite Court-fee, within such time as may be fixed by the Court or extended by it from time to time; and upon such payment, the memorandum of appeal in respect of which such fee is payable shall have the same force and effect as if such fee had been paid in the first instance.
Meaning and Scope of Rule 2
Order XLIV deals with appeals by indigent persons. An indigent person is a litigant who satisfies the applicable financial eligibility requirements under Order XXXIII Rule 1, read with Order XLIV, and seeks permission to proceed without paying the prescribed court fee at the initial stage.
Order XLIV Rule 2 protects the opportunity to pursue an appeal where permission to appeal as an indigent person has been refused. The court has discretion to permit payment of the requisite court fee rather than treating refusal of indigent status as necessarily ending the appeal.
When Can the Court Grant Time?
- An application to appeal as an indigent person has been rejected under Order XLIV Rule 1.
- The court, while rejecting the application, exercises its discretion to fix a period for payment of the prescribed court fee.
- The court may extend that period from time to time.
- Once the required 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.
The word "may" means the grant of time is discretionary, not automatic. The appellant should comply with the deadline or seek an extension from the court.
Legal Effect of Payment
The rule expressly gives the memorandum of appeal retrospective procedural effect upon payment of the court fee as directed. It does not, by itself, decide the merits of the appeal, waive other procedural requirements or guarantee admission of an appeal that is otherwise defective or time-barred. Questions of limitation and maintainability remain subject to the applicable law.
Related CPC Provisions
Order XLIV Rule 1 - Who May Appeal as an Indigent Person
Rule 1 permits a person entitled to prefer an appeal, but unable to pay the fee required for the memorandum of appeal, to apply to appeal as an indigent person, subject to the prescribed procedure and requirements. Read Order XLIV Rule 1.
Order XLIV Rule 3 - Inquiry into Indigence
Rule 3 governs the inquiry into whether the applicant is an indigent person, including circumstances in which a fresh inquiry is unnecessary. Read Order XLIV Rule 3.
Order XXXIII - Suits by Indigent Persons
Order XXXIII contains the framework for indigent-person proceedings, including the definition of an indigent person in Rule 1. Its relevant provisions apply to indigent appeals through Order XLIV, subject to the applicable rules.
Section 149 CPC - Power to Make Up Deficiency of Court Fees
Section 149 separately empowers a court, in its discretion, to allow a person to make up a deficiency in a prescribed court fee at any stage. Upon payment, the document has the same force and effect as if the fee had been paid in the first instance. The specific rule governing rejection of an indigent-appeal application remains Order XLIV Rule 2.
Official Legal Sources
Consult the Code of Civil Procedure, 1908 on India Code for the central legislation and its schedules, and check applicable state amendments, High Court rules and court-fee legislation before filing. See also the CPC sections, orders and rules guide.