Code of Civil Procedure, 1908 | Order 44

Order XLIV Rule 3 CPC - Inquiry as to Whether an Applicant Is an Indigent Person

Order XLIV Rule 3 of the Code of Civil Procedure, 1908 (CPC) determines when an appellate court must examine an appellant's claim to be an indigent person. It distinguishes applicants already permitted to litigate as indigent persons from those who claim to have become indigent after the decree.

Meaning of an indigent person under the CPC

An indigent person is a litigant who meets the means-based criteria under Order XXXIII Rule 1, Explanation I. Broadly, a person without sufficient means to pay the prescribed court fee may qualify, subject to statutory exclusions for certain property. Where no fee is prescribed, the alternative property test in the provision applies. The court examines the applicant's actual resources under the applicable law.

Order XLIV deals with appeals by indigent persons. Under Rule 1, an eligible appellant unable to pay the required fee for the memorandum of appeal may seek permission to appeal as an indigent person. Rule 3 governs the inquiry into that claim.

Order XLIV Rule 3(1): applicant previously permitted to litigate as indigent

If the court whose decree is appealed against had already permitted the applicant to sue or appeal as an indigent person, a fresh inquiry is generally unnecessary when the applicant files an affidavit affirming that the indigent status has continued since the decree.

However, if the Government Pleader or respondent disputes the truth of that affidavit, the question must be examined by the appellate court or, under its orders, by an officer of that court. The affidavit therefore avoids automatic repetition of the inquiry, but does not prevent scrutiny of a contested claim.

Order XLIV Rule 3(2): applicant becomes indigent after the decree

Where an applicant claims to have become indigent after the decree, the inquiry is ordinarily conducted by the appellate court or an officer acting under its orders. If circumstances warrant, the appellate court may direct the court whose decision is challenged to conduct that inquiry.

The provision recognizes that a litigant's financial position may change between the original proceedings and the appeal. Earlier payment of court fees does not, by itself, determine the person's means at the later stage.

How the court assesses the claim

Affidavit and objections

An applicant relying on a prior finding of indigency should make the continuation of that status clear in the affidavit. If the respondent or Government Pleader disputes it, the court must decide the issue through the prescribed inquiry.

Relevant financial information

Depending on the facts, the inquiry may consider assets, income, liabilities, the ability to raise the requisite court fee, and property that must be excluded or counted under Order XXXIII. The applicant should provide accurate information and supporting material as directed by the court.

Who conducts the inquiry?

Rule 3 authorizes inquiry by the appellate court or an officer of that court acting under its orders. In the circumstances specified in sub-rule (2), the appellate court may instead require the court below to inquire into the applicant's means.

Important: Permission to appeal as an indigent person is not a decision on the merits of the appeal. It concerns the ability to proceed without paying the court fee at the outset, subject to the CPC and applicable court rules.

Order XLIV Rule 1: Allows an eligible person unable to pay the fee on a memorandum of appeal to apply to appeal as an indigent person, subject to the relevant provisions of Order XXXIII.

Order XLIV Rule 2: If permission is refused, the court may allow time, including extensions, to pay the required court fee. Upon payment, the memorandum of appeal has effect as if the fee had been paid initially.

Order XXXIII Rule 1: Sets out the statutory criteria for indigent status. Order XXXIII Rule 1A: Provides for an inquiry into the means of an indigent applicant, unless the court directs otherwise.

Official legislation: Read the Code of Civil Procedure, 1908 (India Code PDF). Local amendments, court rules and the facts of each case may affect procedure.

Updated: 13 October 2026. This article is for general legal information and is not a substitute for case-specific legal advice.